Written by attorneys · grounded in primary & secondary sources — see below
A neutral individual selected to resolve a dispute between parties by rendering a binding award after considering evidence and arguments presented in a private proceeding.
Aisha Ahmed, a sitting state court judge, receives a request from Apollo Energy and Astra Aerospace to serve as arbitrator in their supply contract dispute. She declines the appointment because judicial conduct rules bar her from performing arbitration functions apart from her official duties. The parties must select a different neutral to proceed.
Aaron Adams previously served as arbitrator in a contract dispute between Arcadia Retail and Apex Dynamics. After the award issued, Adams joins a law firm and is asked to represent Arcadia Retail in a related enforcement action. He must obtain written informed consent from both parties before accepting the representation.
Select any source to read its text and confirm it supports the definition.
Angela Acosta, a practicing attorney, is selected by Antonio Alvarado and Abigail Alvarez to serve as arbitrator in their business dissolution dispute. She assists the parties in presenting evidence and arguments so she can issue a binding award. Acosta informs both sides that she represents neither of them in the matter.
Adrian Aguilar signed an employment application with Apex Dynamics containing a clause requiring binding arbitration of all claims arising from his candidacy and employment. After termination, Aguilar files age discrimination and contract claims. The parties proceed before a neutral arbitrator selected under the agreement rather than filing suit in court.
Astra Aerospace and Apollo Energy disagree over compensation for data used in a pesticide registration. The governing statute directs them to binding arbitration before a neutral arbitrator. The arbitrator issues an award that is subject to judicial review only for fraud or misconduct.
The Textile Workers Union and Lincoln Mills of Alabama disagree over the interpretation of their collective bargaining agreement. The contract contains an arbitration clause. A neutral arbitrator is appointed to decide the grievance and issue a final award that the parties must honor.
A sitting judge may not act as an arbitrator apart from official duties unless expressly authorized by law. The prohibition preserves judicial impartiality and prevents conflicts with official responsibilities.
A lawyer who participated personally and substantially as an arbitrator may not represent anyone in connection with that matter unless all parties give informed consent confirmed in writing. The rule prevents misuse of information gained in the neutral role.
An arbitrator may not issue an award that grants a divorce, legal separation, dissolution of marriage, or annulment. Those status-changing decrees remain the exclusive province of courts because they affect third parties and the public record.
An arbitrator may not grant guardianship of a child or terminate parental rights. Such decisions carry constitutional implications that require judicial process and oversight beyond private arbitration.
…or based only on submissions; that either party may bring a claim in small claims court in lieu of arbitration; and that the arbitrator may award any form of individual relief, including injunctions and presumably punitive damages. The agreement, moreover, denies AT&T any ability to seek reimbursement of its attorney’s…