in the civil law, implies a judge nominated by the magistrate, or chosen voluntarily by the two contending parties, in order to decide their differences.

The civilians make a difference between arbiter and arbitrator, though both found their power on the compromise of the parties; the former being obliged to judge according to the customs of the law, whereas the latter is at liberty to use his own discretion, and accommodate the difference in the manner that appears to him most just and equitable.