BCI allows entry of foreign lawyers and law firms

The Bar Council of India has given the green signal for foreign lawyers and foreign law firms to enter India to practice in the field of foreign law, various international legal issues in non-contentious matters and in international arbitration cases on reciprocity basis. However, foreign lawyers or foreign law firms will not be permitted to act as advocates before any courts, tribunals or other statutory or regulatory bodies in India.

"The Bar Council of India has decided to implement rules to enable foreign lawyers and foreign law firms to practice foreign law and various international law and international arbitration matters in India on a reciprocity basis in a well-defined, regulated and controlled manner," said a notification published in the Gazette of India to this effect and States.

The Bar Council of India, the apex body regulating the legal profession in India, made this possible by making rules for the registration and regulation of foreign lawyers and foreign law firms in India. “Opening up the practice of law in India to foreign lawyers in the practice of foreign law; various international legal issues in non-contentious matters and in international arbitration cases would greatly help the growth of the legal profession/domain in India for the benefit of lawyers in India,” the notification said.

The notification also said that allowing foreign lawyers to enter India "will also help address the concerns expressed about the flow of foreign direct investment in the country and make India a hub for international commercial arbitratio, If we remain silent on this matter, the Indian legal fraternity may be left behind in providing legal/expertise in accordance with the rule of law in a manner that is in line with the best interests of this rapidly growing class of clients in India," the notice added. These rules assume significance as the Bar Council of India was earlier opposed to allowing foreign lawyers and law firms to set up offices and practice in India.

According to the rules of the Bar Council of India, foreign lawyers or law firms will not be allowed to practice law in India unless they are registered with the country's highest legal regulatory body. However, the rules of registration are a little more relaxed for foreign lawyers or foreign law firms where such practice is carried out on a fly-in and fly-out basis to provide legal advice to a client in India on foreign laws and various international legal issues.

The issue of entry of foreign lawyers into India has been contentious and has been litigated in the past. In a 2018 judgment, the Supreme Court ruled that foreign lawyers/firms are not authorized to practice law in India, even in litigation or other litigation, unless they fulfill the requirement of the Advocates Act, 1961 and the Indian Bar Association Rules. .