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The arbitration clause is for the company's protection, therefore the arbitration fees are their burden. If they breach the arbitration clause by not paying for arbitration in a timely manner, the plaintiff is entitled to go to court in the 9th and 10th Circuits.

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But what if the arbitration clause says the plaintiff will pay? I believe that's what the parent comment was talking about.

Not allowed

An arbitration clause can't force the plaintiff to pay because it's in the contract for the benefit of the defendant. There's no "consideration" provided to make the plaintiff give up the right to pursue legal action in a normal court of law.

It's not necessary for each individual clause of a contract to have consideration for both sides, only for the contract as a whole to have it. The consideration is that you get to use the service in question.

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