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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
by 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 agoNot 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...