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What is the process for travel and tourism professionals to use arbitration to resolve conflicts?

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Arbitration is a form of alternative dispute resolution that can help travel and tourism professionals avoid costly and time-consuming litigation. It involves a neutral third party, called an arbitrator, who listens to both sides of a conflict and makes a binding decision. Arbitration can be faster, cheaper, and more flexible than going to court, but it also has some drawbacks, such as limited appeal options and less transparency. In this article, you will learn the process for travel and tourism professionals to use arbitration to resolve conflicts.

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Inder Jit Singh

LEADERSHIP TRAINER MOTIVATOR PUBLIC SPEAKER REMOTE AREA TRIP LEADER, ENVIR N OUTDOOR MGMENT FACILITATOR ,FOUNDER…

1 Choosing arbitration

The first step in using arbitration is to agree on it with the other party. This can be done before or after a conflict arises, depending on the nature of the relationship and the contract. For example, some travel agencies, tour operators, or airlines may have arbitration clauses in their terms and conditions that require customers to use arbitration in case of disputes. Alternatively, some parties may opt for arbitration after a conflict occurs, if they think it is more convenient or beneficial than going to court. In either case, the parties should sign a written agreement that specifies the scope, rules, and fees of the arbitration.

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Prasad Amberkar
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To resolve disputes thru arbitrator 1. Arbitrator should be enough knowledgeable on legal procedures of both or all countries involved. 2. The lawyers involved also shud be aware of Tourism laws of that particular country. 3. Disputes should be properly defined and presented before Arbitrator or Court.. 4. Clarity of law will bring Disputes to resolve faster.

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2 Selecting an arbitrator

The next step is to choose an arbitrator who will hear the case and make a decision. The parties can either agree on a specific arbitrator or use an arbitration service provider, such as the American Arbitration Association (AAA) or the International Centre for Dispute Resolution (ICDR), to appoint one. The arbitrator should be impartial, qualified, and experienced in the field of travel and tourism. The parties should also check the arbitrator's availability, fees, and ethical standards.

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3 Preparing for arbitration

The third step is to prepare for the arbitration hearing, which is similar to a trial but less formal and more flexible. The parties should exchange relevant documents, evidence, and witness statements before the hearing, and follow the rules and procedures agreed upon or set by the arbitrator or the arbitration service provider. The parties should also hire lawyers or other representatives to assist them, unless they decide to represent themselves.

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4 Participating in arbitration

The fourth step is to participate in the arbitration hearing, which usually takes place in a private and confidential setting. The arbitrator will open the hearing, explain the rules, and ask the parties to make opening statements. Then, the parties will present their cases, cross-examine each other's witnesses, and make closing arguments. The arbitrator may also ask questions, request additional information, or conduct site visits if necessary. The hearing can last from a few hours to several days, depending on the complexity of the case and the availability of the arbitrator.

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5 Receiving the award

The final step is to receive the arbitration award, which is the decision made by the arbitrator based on the facts and the law. The arbitrator will usually issue the award within a specified time frame, which can range from a few days to several months. The award will state the outcome of the dispute, the reasons for the decision, and the allocation of costs and fees. The award is binding and enforceable by law, unless the parties agree otherwise or the award is challenged in court for limited grounds, such as fraud, bias, or procedural errors.

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