Glossary term
Arbitrator
An arbitrator is a neutral decision-maker who hears an arbitration dispute and issues a decision, often called an arbitration award.
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What Is an Arbitrator?
An arbitrator is a neutral decision-maker who hears an arbitration dispute and issues a decision, often called an award. The arbitrator's role is similar to a judge's role in some ways, but arbitration is usually governed by contract terms and forum rules rather than ordinary court procedure.
Arbitrators can serve alone or as part of a panel. In securities disputes, arbitrators may hear claims between investors, brokerage firms, and brokers under FINRA's dispute-resolution rules.
Key Takeaways
- An arbitrator hears evidence and arguments in an arbitration.
- The arbitrator or panel issues an award that can determine monetary and nonmonetary relief.
- Arbitrators are expected to be neutral and disclose conflicts.
- Selection rules vary by forum, contract, and dispute type.
- The arbitrator's background, neutrality, and authority can materially affect the dispute process.
What an Arbitrator Does
An arbitrator manages the proceeding, resolves procedural issues, reviews documents, hears testimony when there is a hearing, evaluates legal and factual arguments, and issues an award. Depending on the forum, the award may include damages, interest, fees, expungement decisions, or other relief.
The arbitrator is not a mediator. A mediator helps parties negotiate; an arbitrator decides. That difference matters because parties give the arbitrator authority to resolve the dispute if they do not settle.
Selection and Neutrality
Arbitration forums usually have procedures for selecting arbitrators and addressing conflicts. In investor cases, FINRA requires chairpersons of arbitration panels to be public arbitrators with specified training and prior arbitration experience. Parties may receive arbitrator lists, rank or strike candidates, and review disclosures before appointment.
Neutrality is central. If an arbitrator has a financial interest, relationship, prior involvement, or other conflict that could affect impartiality, disclosure rules are meant to bring that issue into the open. Parties should review those disclosures because a conflict discovered late can add cost and delay.
Why the Role Matters Financially
The arbitrator affects timing, evidentiary decisions, hearing management, and ultimately the award. In a securities case, the arbitrator may decide whether an investor receives compensation for losses, whether a broker's record is changed, or whether a firm must pay fees or costs.
Because appeal rights can be limited, arbitrator selection can be one of the most important stages of the process. Parties should take disclosures and ranking procedures seriously rather than treating them as administrative paperwork. A well-run panel can keep a dispute focused; a poor fit can increase friction and cost. That makes arbitrator selection a financial risk-control step, not just a procedural one.
The Bottom Line
An arbitrator is the person or panel entrusted to decide an arbitration dispute. The role matters because arbitration can produce binding financial consequences, and the decision-maker's neutrality, experience, and authority shape the path to that result.