arbitrator


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arbitrator

n. one who conducts an arbitration, and serves as a judge who conducts a "mini-trial," somewhat less formally than a court trial. In most cases the arbitraror is an attorney, either alone or as part of a panel. Most court jurisdictions now have lists of attorneys who serve as arbitrators. Other arbitrators come from arbitration services which provide lists from which the parties can agree on an arbitrator (many of whom are retired judges--even "People's Court" Judge Wapner is on such a panel in Los Angeles County). There is also the American Arbitration Association which usually has a panel of attorneys chosen by the association. Professional arbitration services are paid well to move cases along. There are also arbitrators who are experts on everything from construction to maritime damage. In some contracts there is a provision for such an expert-type arbitrator named by each side with a third chosen by the other two. (See: arbitration)

arbitrator

see ARBITRATION.

ARBITRATOR. A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same. Arbitrators are so called because they have generally an arbitrary power, there being in common no appeal from their sentences, which are called awards. Vide Caldw. on Arb. Index,. h.t.; Kyd on Awards, Index, h.t. 3 Bouv. Inst. n. 2491.

References in periodicals archive ?
Similarly, when the parties to the arbitration agreement have designated a specific set of rules to govern the arbitration, and the designated rules provide that the arbitrator will decide class arbitration issues, it should generally be clear that the arbitrator will determine class arbitrability.
The arbitrator determined that he had jurisdiction to decide the issue, reasoning that the determination of whether an arbitration agreement permits class-wide arbitration was not a "gateway issue," an issue that is normally decided by courts rather than arbitrators.
In the alternative, appellant argues that even if the arbitrator exceeded her powers by awarding extra-contractual damages and attorneys' fees, we should nevertheless confirm the arbitration award in part based on contract damages, which were within the arbitrator's authority to award pursuant to section 20 of the policy.
Assuming that the arbitrator also awarded contractual damages, it is impossible to tell from the arbitration award what amount may have stemmed from contractual damages and what amount was extra-contractual.
1984), involved the decision of an arbitrator who was the son of the vice president, and later the president, of the international union of which the union party to the arbitration was a local.
The court held that "[i]f any reasonable basis exists for the arbitrator's decision not to postpone a hearing we will not intervene." (20)
Arbitrator No.2 failed to include the names of the unit owners and misrepresented the unit area data as set out in the architect's report in his supplemental award.
Arbitrator No.2 failed to take into consideration the relevant Land Department documents delineating the gross area of the units when making the final award.
The arbitrator said it was 'not plausible' that the $20 million was an agreed discount.
(12) In 13 of the cases (35 percent), the arbitrator reduced the teacher's penalty or dismissed the charge and returned the teacher to the classroom.