ARBITRATOR

ARBITRATOR, an extraordinary judge, or commissioner, in one or more causes between party and party, chosen by their mutual consents. See ARBITRATION. An arbitrament is either general, that is, including all actions, quarrels, and demands; or special, which includes one or more matters, or facts specified. The civilians make a difference between arbiter and arbitrator, though they both ground their power on the compromise of the parties; yet their liberty is diverse: for an arbiter is tied to proceed and judge according to law, with equity intermingled; whereas an arbitrator is permitted wholly to his own discretion, without solemnity of process, or course of judgment, to hear or determine the controversy committed to him; so it be iusta arbitrium boni viri. See AEQUO ET BONO.

ARBITRATOR