BCI notifies rules to allow foreign lawyers in India
New Delhi/Mumbai, May 15 -- In a step towards opening up India's legal sector, the country's top legal body, the Bar Council of India (BCI), has notified amended rules allowing foreign lawyers and law firms to practise foreign law in India on a limited basis.
The Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022-originally notified on 10 March 2023-have now been formally brought into force, the BCI said in a release on Wednesday.
The rules make it clear that foreign lawyers will be restricted to non-litigious matters, where cases are not taken to courts for resolution, involving foreign law, international law, and arbitration-particularly in the context of cross-border transactions and international disputes.
"The BCI has further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals," the Council stated.
According to the BCI, the move aims to regulate foreign legal practice while safeguarding the interests of Indian advocates.
The newly notified framework introduces a reciprocity model, enabling Indian lawyers and firms to register as foreign law practitioners abroad, thus expanding their global footprint without giving up the right to practice Indian law at home.
"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 BCI said, adding that this dual registration mechanism offers Indian professionals a broader international platform....
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