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You are correct, no contract can be "above" the law. However, now that you "signed" a EULA, the onus will be much more on you proving this is illegal, costing you time and money, and the person enforcing the EULA has a legal team. So they knowingly write these contracts knowing they are unenforable, and get away with it most of the time.

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There is no onus to prove anything. You go to court as usual and the arbitration clauses is instantly dismissed if it's ever brought up during the trial. That's how it works in countries that don't allow arbitration.

Also, I believe the rules and procedures in binding arbitration can be different than in the court system, which can further stack the deck against the consumer.

I have a friend who lost a real estate arbitration case because of that, and got no compensation for serious structural issues that weren't disclosed and were caused by a remodel undertaken by the previous owner.

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