Recently, the Bar Council of India (BCI) made a significant announcement allowing foreign lawyers and law firms to practice foreign law and diverse international law and international arbitration matters in India. This is a major shift from its previous stance in 2018.
BCI Allows Foreign Lawyers to Practice Foreign Law in India
As per the Advocates Act of India, 1961, only advocates enrolled with the BCI can practice law in India. However, the recent notification by the BCI has allowed foreign lawyers and law firms to practice foreign law and diverse international law and international arbitration matters in India. This is a major development in the legal profession in India.
Rules and Regulations for Foreign Lawyers and Foreign Law Firms in India
The BCI has notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The entry of foreign firms will be restricted, well-controlled, and regulated to ensure that it is mutually beneficial to Indian and foreign lawyers. The rules aim to address the concerns expressed about the flow of Foreign Direct Investment in the country and make India a hub of International Commercial Arbitration.
Benefits of Allowing Foreign Lawyers to Practice in India
The BCI believes that the opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too. It is an opportunity for creating development and growth for the legal profession and in the legal sphere in India.
Current Law on Foreign Lawyers and Law Firms in India
Foreign lawyers and firms were not allowed to practice law in India unless they met certain requirements. In 2018, the BCI had told the Supreme Court that it was not in favour of allowing foreign law firms to open branch offices in India. However, the recent notification by the BCI is a U-turn from its 2018 stance.
The recent announcement by the BCI to allow foreign lawyers and law firms to practice foreign law and diverse international law and international arbitration matters in India is a significant development in the legal profession in India. The rules and regulations will ensure that it is mutually beneficial to Indian and foreign lawyers, and it will help to make India a hub of International Commercial Arbitration.