3 ms·

Can someone please confirm: Is forced binding arbitrage allowed in EU/EEA/EFTA? If no, what happens if you are a customer from France or Germany? It seems lik

by throwaway2037 3y ago

Can someone please confirm: Is forced binding arbitrage allowed in EU/EEA/EFTA? If no, what happens if you are a customer from France or Germany? It seems like this contract is totally unenforceable! A bit deeper, I really wish it was illegal to create intentionally unenforceable contracts. Too many companies create these incredibly scary contracts that no mortal human can understand, let alone know if unenforceable.

bux93 3y ago
No, not if the customer is a individual ("consumer"). Directive 2013/11/EU, article 10 states "Member States shall ensure that an agreement between a consumer and a trader to submit complaints to an ADR entity is not binding on the consumer if it was concluded before the dispute has materialised and if it has the effect of depriving the consumer of his right to bring an action before the courts for the settlement of the dispute." https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0063:0079:EN:PDF https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:... This does not preclude the customer signing away their rights after the dispute arose, as part of a settlement agreement for instance.
- acatton 3y ago
  Not only if you're a consumer. There are multiple cases in Germany of Oberlandesgerichten (~= "Circuit courts") voiding arbitration clauses in B2B contracts as well. Subway (the sandwich chain) is a good example of that. They were kinda screwing their franchisees and were forcing them to do arbitration in NYC, even for German franchisees. This was voided by the northern German "circuit court"[1] [1] https://www.omsels.info/wp-content/uploads/OLG-Schleswig-Urteil-vom-26.-September-2013-16-U-Kart-49-13.pdf https://www.omsels.info/wp-content/uploads/OLG-Schleswig-Urt...
deleted 3y ago
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sofixa 3y ago
> what happens if you are a customer from France There are no French customers of 23andme because non-court ordered DNA tests are illegal here.
- impish9208 3y ago
  According to Wikipedia [0], this is to preserve the “peace of families”. Quite bizarre. [0] https://en.wikipedia.org/wiki/DNA_paternity_testing?wprov=sfti1#France https://en.wikipedia.org/wiki/DNA_paternity_testing?wprov=sf...

bux93 3y ago

No, not if the customer is a individual ("consumer"). Directive 2013/11/EU, article 10 states "Member States shall ensure that an agreement between a consumer and a trader to submit complaints to an ADR entity is not binding on the consumer if it was concluded before the dispute has materialised and if it has the effect of depriving the consumer of his right to bring an action before the courts for the settlement of the dispute." https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0063:0079:EN:PDF https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:... This does not preclude the customer signing away their rights after the dispute arose, as part of a settlement agreement for instance.

acatton 3y ago
Not only if you're a consumer. There are multiple cases in Germany of Oberlandesgerichten (~= "Circuit courts") voiding arbitration clauses in B2B contracts as well. Subway (the sandwich chain) is a good example of that. They were kinda screwing their franchisees and were forcing them to do arbitration in NYC, even for German franchisees. This was voided by the northern German "circuit court"[1] [1] https://www.omsels.info/wp-content/uploads/OLG-Schleswig-Urteil-vom-26.-September-2013-16-U-Kart-49-13.pdf https://www.omsels.info/wp-content/uploads/OLG-Schleswig-Urt...

deleted 3y ago

[deleted]

sofixa 3y ago

> what happens if you are a customer from France There are no French customers of 23andme because non-court ordered DNA tests are illegal here.

impish9208 3y ago
According to Wikipedia [0], this is to preserve the “peace of families”. Quite bizarre. [0] https://en.wikipedia.org/wiki/DNA_paternity_testing?wprov=sfti1#France https://en.wikipedia.org/wiki/DNA_paternity_testing?wprov=sf...