An arbitrator — not a judge — will determine whether a disgruntled customer may take his claims against Nintendo to court.In a written opinion last week, U.S. District Judge Gary Feinerman granted a motion to compel arbitration filed by Nintendo of America Inc. in Zachary Vergara’s lawsuit.But Feinerman wrote Vergara may come back to court if the arbitrator finds his claims are not arbitrable.Feinerman acknowledged that judges, not arbitrators, determine in most circumstances whether the parties to a …