International Litigation and Arbitration Board Certification by The Florida Bar

Rule 6-31.2 provides a list of definitions related to certification in international litigation and arbitration law.

Under Rule 6-31.2(a), the term international litigation and arbitration is defined as "the practice of law dealing with disputes in court or arbitration arising from the relations between or among states and international organizations as well as the relations between or among nationals of different states, or between a state and a national of another state."

The term "international litigation and arbitration"includes foreign and comparative law.

Under Rule 6-31.2(b), the practice of law that otherwise satisfies these requirements but that is on a part-time basis will satisfy the requirement if the balance of the applicant's qualifying activity is spent as a teacher of international litigation and arbitration subjects in an accredited law school.

Under Rule 6-31.2(c), the International Litigation and Arbitration Certification Committee consists of 9 members who are appointed according to the criteria in the general rule for certification committees elsewhere in this chapter.

International Litigation & Arbitration are listed in Rule 6-31.3.

(a) Minimum Period of Practice. The applicant must have engaged in the practice of law either in the United States or abroad and must have been a member in good standing and eligible to practice law in their jurisdiction not less than 5 years as of the application date.

The years of law practice need not be consecutive.

Receipt of an LL.M degree in international law, as defined in that certification area or in another field approved by the international litigation and arbitration certification committee substitutes for 1 year of the practice of law requirement, but not the 5- year bar membership requirement, specified in this subdivision.

Practice of law that otherwise satisfies these requirements but that is on a part-time basis will satisfy the requirement if the balance of the applicant’s qualifying activity is spent as a teacher of international litigation and arbitration subjects in an accredited law school.

(b) Substantial Involvement. The applicant must demonstrate substantial involvement in the practice of international litigation or arbitration during each of the 3 years immediately preceding the application date.

The applicant must have substantial involvement in contested international litigation and arbitration cases sufficient to demonstrate special competence as an international litigation and arbitration lawyer.

Substantial involvement includes active participation in client interviewing, counseling, investigating, preparation of pleadings and arbitration submissions, participation in discovery, taking of testimony, presentation of evidence, negotiation of settlement, drafting and preparation of settlement agreements, argument and trial of international cases in court or before an arbitral panel, or service as an arbitrator.

Time devoted to lecturing on or writing about international litigation and arbitration may be included for purposes of this section.

(c) Minimum Number of Matters. The applicant must have had substantial involvement in a minimum of 16 contested international litigation and arbitration matters during the 8-year period immediately preceding application.

These matters must have proceeded at least to the filing of a complaint or similar proceeding, statement of claim, or demand for arbitration and involve substantial legal or factual issues.

At least 5 of the 16 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 the response to that motion.

The international litigation and arbitration certification committee may consider involvement in protracted adversary proceedings to satisfy any of these requirements.

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. In order to demonstrate compliance with the requirements of this section, the following criteria will be applicable:

1. summary judgments may not count for more than 3 of the 5 contested 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 5 matters submitted to the trier of fact; and
4. each matter in which the applicant supervises an associate will qualify the matter as 1 of the 16, but not as 1 of the 5 matters submitted to the trier of fact.

(d) Education. The applicant must complete 50 credit hours of approved continuing legal education in international litigation and arbitration during the 5-year period immediately preceding the application date.

(e) Peer Review. The applicant must submit the names and addresses of 5 lawyers or judges who are neither relatives nor current associates or partners of the applicant to complete peer review forms.

(f) Examination. The applicant must pass an examination administered uniformly to all applicants to demonstrate sufficient knowledge, skills, and proficiency in international litigation and arbitration to justify the representation of special competence to the legal profession and the public.

The rules for recertification as a specialist in International Litigation & Arbitration are found in Rule 6-31.4 which provides:

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.