INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW inertia or ignorance, are less alert to the dangers arising from the contract they are concluding. In this respect, it will be said that it is not enough for the parties, in more complex legal relationships, to determine that any disputes will be settled by arbitration. Such a generic designation will easily lead to many surprises when the dispute arises. Care must therefore be taken, with the advice of professionals in the sector, preferably with experience in arbitration, to choose and define the desired arbitration model (whether institutional or ad hoc), which arbitration centre is most qualified to deal with the problem in question, whether the court will have one or three arbitrators, etc. 2.4 The problem of unilateral transactions A different question is whether a unilateral legal transaction may contain an arbitration clause. Portuguese law, unlike German law, does not expressly refer to this possibility, but, by systematic interpretation of the law, it does not seem to us that the existence of such a possibility can be denied. In the words of Menezes Cordeiro6, “If someone can unilaterally dispose of a right he may, a fortiori, determine that the doubts arising from that disposition be subject to arbitration”. Such considerations lead to, in the most enlightening example, the author of an inheritance may, in a will, fix an arbitration clause by which any disputes arising from that instrument, already after his death, are mandatorily settled in an arbitration court. 2.5 Institutionalised and ad hoc arbitration The more instrumental aspects of contractual arbitration may be entrusted to an entity that manages the proceedings. Thus, issues such as the constitution of the arbitral tribunal, the logistical support necessary for the development of the proceedings, the general management of the proceedings, which includes making the necessary notifications, among others, may be entrusted, right in the arbitration clause and by agreement, to an arbitration centre. This arbitration centre has no power to decide the dispute, since this competence is always exclusive to the arbitrators, but only facilitates the way in which the arbitrators carry out their judging function. This type of arbitration is called “institutional” or “institutionalised” arbitration. Unlike this, so-called ad hoc arbitration pursues the same goals as institutional arbitration but does not benefit from any institutional support. All the work, starting with the appointment of the 6 Cordeiro, 2015, pag. 97.
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