; and (B) does not include an account held by a financial institution pursuant to a bona fide trust agreement; (2) the term covered dispute means a dispute that is not subject to a final judgment by a court; and (3) the term predispute arbitration agreement means any agreement between a financial institution and a consumer providing for arbitration of any future dispute between the parties. (b) Validity and enforceability No pre­dis­pute arbitration agreement shall be valid or enforceable in a covered dispute that is related to a covered account that was not issued in response to a request or application for that covered account. (c) Applicability The applicability of this section to a predispute arbitration agreement shall be determined by a State or Federal court of competent jurisdiction. . 5. Rule of construction Nothing in the amendments made by this Act shall be construed— (1) to authorize the imposition of a requirement to submit a dispute to arbitration; or (2) to restrict any court from ruling that a requirement to submit a dispute to arbitration is invalid or unenforceable.