Yes i agree with you on scalability must be addressed in the design phase. But always is a Risk if the system grows.
The idea is detail the risk and its mitigation strategy. For example increase with vertical scalability(Horse Power), if not horizontal scalability for example
create a plan for clustering Web or
EJB Tier, put oracle web cache, put load balancer, whatever.
This point is one of the first topics in SL425 SCEA5 Course.
Again i agree with you. The
Java architect must orchestrate the correct design of the application including FR and NFR but risks are those situations maybe could be happen.