Bar Council Of India Amends Rules To Allow Entry Of Foreign Lawyers And Law Firms

The Bar Council of India (BCI) on May 14 has officially notified amendments to its rules, paving the way for the regulated entry of foreign lawyers and law firms into the Indian legal market. These amendments, aimed at maintaining a balance between global integration and the protection of Indian legal professionals, come under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, initially notified on March 10, 2023, Bar and Bench reported.

According to a press release from the BCI, the revised rules are designed primarily to safeguard the interests of Indian advocates while facilitating the practice of foreign and international law in India.

Scope Limited to Non-Litigious Practice

The amended rules allow foreign legal professionals to engage only in non-litigious legal practice. This includes advisory work on foreign law, international law, and arbitration, particularly in relation to cross-border transactions and international disputes.

The BCI emphasized that foreign lawyers may participate in international commercial arbitration conducted in India, provided the arbitration involves foreign or international law. The move aims to enhance India라이브 바카라 reputation as a global arbitration hub, without encroaching upon the practice rights of Indian legal professionals.

Reciprocity and Dual Registration

Highlighting the principle of reciprocity, the BCI stated that Indian advocates and law firms would also be eligible to register as foreign lawyers or foreign law firms abroad. This allows Indian legal practitioners to offer foreign and international law consultancy while retaining their right to practice Indian law domestically, Bar and Bench reported.

“This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law,” the BCI noted.

Stringent Registration Norms

To ensure fair competition and protect the interests of Indian lawyers, the BCI has laid down rigorous registration and renewal conditions for foreign entities.

These include submission of legal qualifications, no-objection certificates, and detailed declarations of compliance with Indian regulations.

Introduction of Indian-Foreign Law Firms

The amended rules also introduce a new category: Indian-Foreign law firms. These are Indian legal entities authorized to practice both Indian and foreign law. Upon registration, such firms can provide legal services across both domains and continue representing clients in Indian courts and tribunals.

Under Rule 2(vi)(b), these firms may engage in cross-border consultancy, international arbitration, and advisory on foreign laws. They can also operate in foreign jurisdictions, subject to reciprocal recognition of qualifications, and will remain under the regulatory oversight of the BCI.