R. Regul. Fl. Bar 6-31.4

As amended through January 1, 2025
Rule 6-31.4 - INTERNATIONAL LITIGATION AND ARBITRATION RECERTIFICATION

The applicant must satisfy the following requirements for recertification during the 5-year period immediately preceding the application date.

(a) Substantial Involvement. The applicant must demonstrate continuous and substantial involvement in the practice of international litigation and arbitration since the last date of certification or recertification in a minimum of 10 contested international litigation and arbitration matters during the 5-year period immediately preceding reapplication. These matters must have proceeded at least to the filing of a complaint or similar pleading, statement of claim, or demand for arbitration, and involve substantial legal or factual issues. At least 3 of the 10 matters must have been submitted to the trier of fact for resolution of 1 or more contested factual issues through the presentation of live testimony or other evidence at a hearing. The trier of fact includes any judge or jury of a court of general jurisdiction, an arbitration panel, administrative agency, bankruptcy court, or other similar body. "Submission to the trier of fact" requires completion of the case in chief of the plaintiff, petitioner, or claimant, or the actual submission of a motion for summary judgement or response to that motion. The international litigation and arbitration certification committee may consider involvement in protracted adversary proceedings to satisfy any of these requirements for good cause shown. A "protracted adversary proceeding" is an international litigation and arbitration matter that is so time consuming it precludes the applicant from meeting the requirements of this subdivision.

The applicant must demonstrate compliance on a form approved by the committee using the following criteria:

(1) summary judgments may not count as more than 1 of the 3 matters submitted to the trier of fact;
(2) submission to the trier of fact, other than as to summary judgment, requires completion of the case in chief of the plaintiff, petitioner, or claimant, or the equivalent in arbitration;
(3) each preliminary injunction or other evidentiary hearing will count as 1 of the 3 matters submitted to the trier of fact; and
(4) each matter in which the applicant supervises an associate will qualify as 1 of the 10, but not as 1 of the 3, matters submitted to the trier of fact.
(b) Education. The applicant must complete 50 credit hours of approved continuing legal education in international litigation and arbitration since the filing of the last application for certification.
(c) Peer Review. The applicant must submit the names and addresses of 5 lawyers or judges to complete peer review forms who are familiar with the applicant's practice, excluding individuals who currently are employed by the same employer as the applicant.

R. Regul. Fl. Bar 6-31.4

New subchapter added November 9, 2017, effective 2/1/2018 (SC16-1961); amended and effective 12/4/2020 by The Florida Bar Board of Governors.