Bar Council of India notifies amended rules on registration of foreign lawyers, law firms
Bar Council of India notifies amended rules on registration of foreign lawyers, law firms
New Delhi, The Bar Council of India has notified amended rules for the registration of foreign lawyers and law firms here based on reciprocity, and according to which foreign lawyers can practice law in India in non-litigious matters only.
A release from the apex bar body on Wednesday said the amended rules had been notified with the primary objective of safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India.
"The rules and regulations comprehensively address the principle of reciprocity, ensuring equitable treatment and corresponding obligations for all parties involved. The amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritises the rights and interests of Indian legal professionals," the release said.
It said foreign lawyers and law firms are expressly prohibited from engaging in litigation practice, appearing before Indian courts or practising Indian law in any capacity.
According to the release, the amended rules underlined protection for Indian lawyers by stipulating that the practice of the country's law remained their exclusive domain.
"The scope of 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," the release said.
It said that foreign lawyers could participate in international commercial arbitration conducted in the country, provided such arbitration involved foreign law or international law.
This would promote the country as a viable destination for international arbitration without compromising the rights of Indian legal professionals, the release said.
According to the release, foreign lawyers and law firms had to be registered in India by the BCI only upon obtaining a No-Objection Certificate from the Ministry of Law and Justice and the Ministry of External Affairs.
Regarding the benefits to Indian advocates and law firms, the release said they could 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.
"This dual registration provides the Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law," the release said.
According to the release, the BCI had implemented stringent registration and renewal requirements for foreign lawyers and law firms seeking to practice foreign law in India.
"The regulations mandate comprehensive documentation, including proof of primary legal qualification, no-objection certificates, and declarations of compliance with Indian regulations. Furthermore, foreign lawyers seeking temporary entry for legal advisory under the Fly-In-Fly-Out provision must comply with strict guidelines limiting their stay to 60 days per 12-month period," the release said.
It said that all registrations will be valid for a maximum of five years, subject to renewal based on continued compliance with the regulations.
The release said the objective and aim of the rules were to make the country a premier hub of international arbitration, which would benefit the country's advocates and law firms by providing them with advantageous opportunities.
"Through these amendments, the BCI seeks to maintain the sanctity of the Indian legal profession, promote India as a hub for international arbitration and 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," the release said.
Earlier in March 2023, the apex lawyers' body had notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
"We have just learned that the BCI has notified the rules on entry of foreign law firms into India. The rules have been in the works for a long time and the notification dispels any uncertainties about the direction of the Indian legal market," said Vivek K Chandy, joint managing partner, JSA Advocates & Solicitors.
This article was generated from an automated news agency feed without modifications to text.
