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The attorney and client may consent in advance to final and binding arbitration in an arbitral forum other than the one created under Part 137. Entry Into the Part 137 Program.Provision that the client agrees to arbitrate any fee disputes in the Part 137 program so that it becomes mandatory for both the attorney and the client. If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator. Arbitrators, 23 Hofstra L. Rev. 137, 165–67 (1994); Thomson, The Forum's. 1) and the authority of arbitrators to define their own jurisdiction. 3.2. Arbitration agreement gives contractual authority to the arbitral tribunal to adjudicate the disputes and bind. A neutral third-party arbitrator for a final and binding decision. Under English law, successful challenges to arbitrators are relatively rare.