Harmonization of Uncitral Model Law on International Commercial Arbitration as a Legal Protection Towards Tourism Industry

DOI

10.2991/978-2-494069-93-0_32How to use a DOI?

Keywords

Tourism Arbitration; Harmonization of Arbitration Law; UNCITRAL Model Law on Commercial Arbitration

Abstract

Despite being one of the biggest industries in the world, the tourist industry uses arbitration and other kinds of ADR less frequently than other industries (ADR). In disputes involving parties from other jurisdictions, the travel and tourist sector is frequently engaged. Travel agents, airline, hotels, rental vehicles company, and travel insurers can come from different countries. The use of litigation is needless, not only because it is costly and destroy productive relationships, but also the court decision in one jurisdiction cannot be enforced in another jurisdiction. While tourism or travel arbitration has been recognized in China, Thailand, Singapore and many other countries, this type of arbitration is not well known in Indonesia. Tourism industry in Indonesia has become one of the main sources of currency earnings which contribute around 5% of Indonesia’s total GDP. At the same time, tourism provides around 13 million jobs, representing around 11% of total employment. This due to the increasing number of foreign tourist arrivals. It is therefore important to provide legal protection toward tourism industry by providing arbitration law that meeting the standard set up by the UNCITRAL Model Law. The goal of this study is to examine how harmonizing Indonesian arbitration legislation with the UNCITRAL Model Law may encourage the peaceful settlement of conflicts in the travel and tourist sector. This topic is important to address since it is part of the effort that the Indonesian government must do as part of tourism development efforts. The Indonesian government shall bring its arbitration law up to the international standard to be able to compete with countries in Asia in the tourism sector.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Herliana Herliana
PY  - 2023
DA  - 2023/01/25
TI  - Harmonization of Uncitral Model Law on International Commercial Arbitration as a Legal Protection Towards Tourism Industry
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 265
EP  - 270
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_32
DO  - 10.2991/978-2-494069-93-0_32
ID  - Herliana2023
ER  -