Identify the unfair aspect with respect to the sentence extracted from an online Terms of Service:
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the arbitrator or arbitration panel , as the case may be , will apply applicable law and the provisions of this agreement and any additional terms , will determine any dispute according to applicable law and facts based upon the record and no other basis , and will issue a reasoned award . 

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. OPTIONS: ["Unilateral change", "Jurisdiction", "Contract by using", "None", "Choice of law", "Unilateral termination", "Arbitration", "Limitation of liability", "Content removal"].