The Bar Council of India has officially allowed foreign lawyers and firms to practice foreign and international law in India. Strict conditions apply, with a focus on non-litigious work and reciprocity.
The Bar Council of India (BCI) has now made changes to its rules, allowing foreign lawyers and law firms to practice foreign law in India.
However, this can only happen on a reciprocal basis, meaning Indian lawyers should also be allowed to do the same in those foreign countries.
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These changes were first announced on March 10, 2023, but now they have officially come into effect under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
According to a press release, these new rules are mainly made to protect Indian lawyers’ interests while at the same time allowing foreign legal professionals to work on specific types of legal matters in India.
These matters include only non-litigation work, such as giving advice on foreign law, international law, or participating in arbitration related to international deals and disputes.
The press release clearly says,
“The BCI has further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign law or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals.”
The idea behind these changes is to allow Indian lawyers and law firms to grow internationally.
Now, Indian advocates and law firms can register as foreign lawyers or foreign law firms, which allows them to give consultancy on foreign law and international law, even outside India.
Importantly, they don’t have to stop practicing Indian law within India.
As the press release explains,
“Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums. This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law.”
To make sure that Indian lawyers are not unfairly affected, the BCI has made strict rules for registration and renewal of foreign lawyers and foreign law firms.
They must show proper documents like law degrees, certificates of no objection from their country, and declarations that they will follow Indian laws.
A new idea has also been added in the rules called “Indian-Foreign law firms”.
These are Indian law firms that are officially allowed to work under Indian laws but also want to offer legal services related to foreign and international laws.
Such firms will get the same rights as individual Indian lawyers registered as foreign lawyers.
The rules say,
“Registration enables such firms to engage in legal practices in both Indian and foreign law…These firms are permitted to engage in non-litigious legal practices concerning foreign law, international law, and arbitration matters…Additionally, they retain the unrestricted ability to practice Indian law, including representing clients in litigation before Indian courts, tribunals, and other adjudicatory forums.”
These firms can also work in other countries, but only if those countries allow Indian law firms to do so too (this is called reciprocal recognition).
These firms will remain under the supervision of the Bar Council of India. They will be allowed to give advice on foreign laws, prepare documents for international deals, and take part in arbitration cases involving foreign or international laws.
As the press release sums it up,
“In conclusion, the creation of the Indian-Foreign Law Firm category facilitates professional advancement for Indian legal entities, enabling them to operate seamlessly in both Indian and international legal arenas while maintaining strict compliance with regulatory standards.”
Another point explained in the rules is about “fly in-fly out” conditions. This means that foreign lawyers can come to India for a short time without registering, but only under strict conditions:
- They can only give advice about foreign law or international legal matters. They must not do any work that is considered as “practicing law” in India.
- The client must have hired the foreign lawyer or firm from another country or even from India.
- The foreign lawyer or firm cannot open any office or maintain any permanent presence in India.
- Their total stay in India cannot be more than 60 days in a 12-month period. This includes all the days, even if they leave and come back within those 12 months.
- If there is a conflict or confusion about whether a foreign lawyer is doing allowed “fly in-fly out” work or is actually practicing law in India illegally, the Bar Council of India will make the final decision.
- Lastly, All rules and regulations that apply to registered foreign lawyers and registered foreign law firms to govern their activities including extending the applicability of the Code of Ethics to foreign lawyers and foreign law firms shall also apply to foreign lawyers and foreign law firms.
This entire development marks an important step in how legal services in India are opening up to the world, while still ensuring that Indian lawyers’ rights are protected.
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It opens up opportunities for both Indian and foreign legal professionals to work across borders, but only under strict supervision and fair rules.
This change also supports India’s goal of becoming a global hub for international commercial arbitration, making the legal profession more global and competitive while preserving the sanctity and importance of Indian legal professionals.
Read the amended Rules:
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