; (2) actual damages; (3) punitive damages; (4) reasonable attorney’s fees and costs; and (5) any other relief that the court determines appropriate. (d) Pre-Dispute arbitration agreements (1) In general No pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to any claim arising under section 1303 or a regulation promulgated under such section. (2) Determination A determination as to whether and how this title or a regulation promulgated under this title applies to an arbitration agreement shall be determined under Federal law by the court, rather than the arbitrator, irrespective of whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement. (3) Definitions As used in this subsection— (A) the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement