15-May-2025 10:33 AM
3512
New Delhi, May 15 (Reporter) In a landmark move, the Bar Council of India (BCI) has amended its rules to permit foreign lawyers and law firms to practise foreign law in India, but strictly on a reciprocal basis.
This much-awaited step is expected to foster international legal collaboration while preserving opportunities for Indian legal professionals on a global scale.
The Bar Council of India Rules for registration and regulation of foreign lawyers and foreign law firms in India, 2022, originally notified on March 10, 2023, have now been enforced with a fresh set of amendments.
According a official press release, the primary objective of these changes is to "safeguard the interests of Indian advocates while regulating the practice of foreign law and international law in India."
Under the amended framework, foreign lawyers’ scope of work will be strictly limited to non-litigious matters, especially those involving foreign law, international law, and arbitration.
They will not be permitted to appear before Indian courts or engage in litigation. However, foreign lawyers may participate in international commercial arbitration proceedings conducted in India, provided the subject matter pertains to foreign or international law.
This development is poised to promote India as a global hub for arbitration without undermining the rights of Indian legal professionals. The Bar Council emphasised that this regulatory mechanism will facilitate smoother handling of cross-border transactions and international disputes, while ensuring domestic legal sovereignty is preserved.
A pivotal element of the reform is the reciprocity framework. Indian advocates and law firms will now be able to register as foreign lawyers or foreign law firms abroad allowing them to practice foreign and international law in those jurisdictions that extend similar rights to Indian professionals.
Such dual registration will not affect their entitlement to practice Indian law in domestic courts and forums.
To protect local interests, the BCI has also introduced stringent registration and renewal norms for foreign lawyers and firms intending to operate in India. These conditions aim to ensure compliance, accountability, and fair competition with Indian law practitioners.
This significant policy shift signals India's readiness to integrate into the global legal ecosystem on equal and reciprocal terms...////...