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Procedures For Challenging Arbitrators: Lessons For And From Taiwan, Winnie Ma Jun 2013

Procedures For Challenging Arbitrators: Lessons For And From Taiwan, Winnie Ma

Winnie Ma

The parties to arbitration may challenge their arbitrators for genuine reasons, such as lack of impartiality, independence or competence. However, the parties may also misuse or abuse the challenge procedures as dilatory (and even as guerrilla) tactics. Ideally, the procedures for challenging arbitrators should uphold arbitral integrity and legitimacy without unduly compromising arbitral expediency and efficiency. This article explores two controversies concerning the arbitrator challenge procedures. First, who should decide on the challenge - the arbitral tribunal including or excluding the challenged arbitrators, or a separate and neutral entity such as an arbitral institution? Second, should the arbitral proceedings continue …


Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton Feb 2013

Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …


Litigating In Federal Court: A Guide To The Rules, Ann Woodley Dec 2012

Litigating In Federal Court: A Guide To The Rules, Ann Woodley

Ann Woodley

No abstract provided.