[vaduz]

> It's the same in France and I think most of EU as the highest french court ruled that forced arbitration was against EU law.

For consumers or businesses? Not being nitpicky here: I am not familiar with the French ruling, so I would genuinely want to know - as regulations tend to differ (businesses, even single sole trader ones, do not enjoy consumer protections). Not really relevant for the Terraria dev as it is his personal account that is banned, from the sound of it - but important.

[greatpatton]

As a consumer, every time the clause is not specifically negotiated, it is considered "abusive" and void (for businesses it may be different). If as a consumer you negotiate a contract with an arbitration clause it will be enforceable however if it is a generic clause in the terms& condition it will not.

[himinlomax]

> For consumers or businesses?

For consumers. Businesses are considered to have both more (legal) resources to conduct deals as well as a need for more flexibility. However in this case this sounds like the account was personal, so even if it was used for business purposes, the deal was personal. In Europe (France here) typically the distinction is not in the use but in the contracting party.

A business is registered with tax authorities and has an identifying number, if you contract a service without such a number you're doing so personally so for such purposes you're a consumer and bound by consumer laws. Indeed, all registration forms for services ask you for that number and business address. Services that don't want to / can't be subject to consumer protection laws or are not allowed to sell to private individuals require that number and verify it. Services that allow both individuals and businesses ask for it and may treat you differently based on it.

[ohgodplsno]

Forced arbitration is against French law. Google cannot force you to go to a specific company for arbitration (that, conveniently enough, happens to always rule in their favor). It has to be explicitly negotiated between the two parties. This also holds true for companies. It has to be explicitly negotatied.

[Semaphor]

I think in Germany it would be legal for businesses. B2B contracts allow most things that are illegal in a B2C context.