ARBITRATION AND TOURISM: A FIELD TO EXPLORE by the economic globalisation movement at the end of the last century, whose effects have extended into the current one, demand a dispute resolution model that goes beyond national barriers and accepts a self-regulatory, highly specialised and, no less importantly, swift content. It is therefore understandable the “popularity” of international arbitration in international trade relations. Despite the antiquity of the study of issues related to arbitration, it is almost astonishing to note the relative absence of scientific studies relating arbitration to business. This fact, we believe, is often due to excessive conservatism in the law world, which claims for itself the study of what it understands to be legal and does not admit interaction with other areas of knowledge, and also to the corresponding difficulty for other sciences or areas of knowledge to use law to establish and study empirically supported relationships, as they come up against a single methodology specific to legal science, which most often hinders multidisciplinary analyses that include it. A good example of this is the fact that it is relatively easier to find studies related to arbitration and mediation in the area of psychology, where they seek to understand the motivations and the effects of certain stimuli in this area, than in the areas of management or economics. Bearing in mind everything that has been said so far, the importance of arbitrage for the company is almost obvious. For what particularly concerns us, the tourism company operates in a tourism market, seeking to maximise its profit through a correct analysis and use of business variables. It happens, therefore, that litigation is one of the variables present in any economic exploitation. In effect, the web of relationships that is generated for any company to be able to succeed and assert itself in a given market is of such a scale that, almost inevitably, litigation appears. It may be a small, almost inconsequential dispute, but it may also be a serious problem requiring the intervention of a third party to resolve it. In a state governed by the rule of law, such as ours and those around us, the natural external intervention falls to the courts, with all the limitations already listed above. Perhaps the most penalising for the company is the length of the processes which, more often than not, always produce unfair decisions because they are extremely slow. And, when we introduce the variable of confrontation between two or more legal systems, the problems become even more critical. Arbitration then appears to be the easiest way to a swift decision which, for this reason alone, will be more just and efficient than any other, and also because, in arbitration the specialised technical competence of the arbitrators in a given matter can be safeguarded.
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