International Journal of Tourism, Travel and Hospitality Law 2023

Arbitration and tourism: a field to explore João Almeida Vidal1 1.Introduction. 2.Arbitration. 2.1 The concept of arbitration. 2.2 The arbitration agreement. 2.3 The arbitration commitment and the arbitration clause. 2.4 The problem of unilateral transactions. 2.6 Internal arbitration. 2.7 International arbitration. 2.8 The arbitration procedure. 2.9 UNCITRAL Model Law. 2.10 Advantages and disadvantages of arbitration. 3. Arbitration as a competitiveness factor. 3.1 Reflections on organisational strategy. 3.2 The differentiation approach. 3.3 Economic performance and competitive advantage. 4.Statistical analysis 4.1. Results obtained. 5.Conclusions Bibliography The concept of international tourism determines that, in the case of a dispute, two or more legal systems might be called to solve a given problem. Such fact leads, most often, to the consequence of denying compensation for damages. To solve or diminish this effect, organizations have been encouraged to use alternative dispute resolution modes like arbitration, which is the use of one set of referees who act as judges in a case, promoting all the steps they deem appropriate having in mind a fair resolution of the dispute submitted to them. Tour operators and travel agents celebrate contracts between themselves and with their customers in order to get a profit. Therefore, it is important to measure if the option for arbitration influences the capacity of a given company to generate profits. The aim of this paper is to provide to the relevant stakeholders a more detailed view of various aspects of litigation and to evaluate the effect in organizations of the use of arbitration. The methodology used is the BiPlot methodology, which we believe is the most adequate for the investigation to be carried on. The results revealed, surprisingly, that the offer doesn’t know what the demand is willing to pay to have the guarantee of a fair and fast judgment, which means providing tourism companies new competences within this subject. Keywords: Dispute; Arbitration; Tourism; Performance; Competitiveness. DOI 1 Invited Assistant Professor at ISMAT and at the University of Algarve; PhD in Law; PhD in Tourism; Lawyer.