Bar Council Of India Amends Rules For Entry Of Foreign Lawyers, Law Firms

(The Corner Office Journal) -- The Bar Council of India (BCI) amended the rules allowing the entry of foreign lawyers and law firms in India with an aim to safeguard the interest of Indian advocates while regulating the practice of foreign law and international law in the country.

“The rules and regulations comprehensively address the principle of reciprocity, ensuring equitable treatment and corresponding obligations for all parties involved,” BCI Principal Secretary Srimanto Sen said in a statement.

The BCI said the amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India. The work of foreign lawyers is strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritizes the rights and interests of Indian legal professionals, it added.

Key Highlights

=> Practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act 1961.

=> Foreign lawyers and law firms are prohibited from engaging in litigation practice, appearing before Indian courts, tribunals, or statutory authorities and practicing Indian law in any capacity.

=> Permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes.

=> 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.

Benefit to Indian Advocates & Law Firms

=> The regulatory framework aims to strike a balance between global integration and the protection of Indian legal practitioners by enabling Indian lawyers to access foreign legal markets based on principles of reciprocity.

=> 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.

=> The dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law.

Protection of Indian Advocates’ Interest

=> Stringent registration and renewal requirements for foreign lawyers and law firms seeking to practice foreign law in India in order to prevent undue competition and protect the interests of Indian lawyers.

=> The regulations mandate comprehensive documentation, including proof of primary legal qualification, no objection certificates, and declarations of compliance with Indian regulations.

=> Foreign lawyers seeking temporary entry for legal advisory under the "Fly-In Fly-Out" (FIFO) provision must comply with strict guidelines limiting their stay to 60 days per 12-month period.

=> Foreign lawyers and law firms will be registered in India by the BCI only upon obtaining a no objection certificate from the Ministry of Law & Justice and the Ministry of External Affairs.

=> All registrations will be valid for a maximum period of five years, subject to renewal based on continued compliance with the regulations.

The BCI said these amendments aim is to make India a premier hub of international arbitration, which would benefit Indian advocates and law firms by creating advantageous opportunities for them.

The amendments also provide Indian lawyers with structured avenues for international practice while ensuring that the practice of Indian law remains solely in the hands of Indian advocates, it added.

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