BackBCI permits foreign lawyers and firms to practice foreign law
This decision is based on the newly announced BCI Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
PremiumThe Bar Council of India (BCI) has made a significant decision to allow foreign lawyers and law firms to practice foreign law, international law, and international arbitration matters in India on a reciprocal basis.
This decision is based on the newly announced BCI Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
The Objects and Reasons of the Rules state, "Opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in nonlitigious matters and in international arbitration cases would go a long way in helping legal profession, domain grows in India to the benefit of lawyers in India too."
It further noted that this opening up will be restricted, well-controlled and regulated to ensure that it is mutually beneficial for lawyers from India and abroad.
"These rules will also help to address the concerns expressed about the flow of Foreign Direct Investment in the country and making India a hub of International Commercial Arbitration. In case, we sleep over the matter, the legal fraternity of India may be left behind in providing legal, professional expertise in accordance with the rule of law in a manner consistent with the best interests of this fast-growing class of clients in India. Let us ensure that an opportunity for creating development and growth for the legal profession and in the legal sphere in India is not lost," the regulatory body said.
It is noteworthy that the Supreme Court previously ruled in the case of BCI v. AK Balaji that foreign law firms and companies, as well as foreign lawyers, cannot practice law in India, whether in litigation or non-litigation matters.
The Court held that they can only provide advice to Indian clients on a temporary basis, known as the "fly-in and fly-out" mode. However, the Court also stated that foreign lawyers cannot be prohibited from coming to India to conduct arbitration proceedings related to disputes arising from international commercial arbitration contracts.
The Bar Council of India has taken note of the UK's assertion that it allows Indian lawyers and law firms to set up practices in England and Wales and practice Indian law, and international law, and provide advice on English law. The Bar Council of India has stated that it will verify these claims and reciprocate appropriately.
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