Supreme Court's Role In Ease Of Doing Business: International Arbitration In Focus

The Supreme Court’s role as a policy court is inherent in its powers in interpreting laws, while at the same time recognizing that law-making is exclusively the preserve of the legislature.

- 

Its role in policy-making is more evident when called upon to adjudicate over novel and complex issues, requiring new solutions to problems presented to it. The Indian Supreme Court reinforced its policy-making role in the recently decided case of the Bar Council of India v Balaji and Ors, where it was called upon to interpret the equivalent of the Nigerian Legal Practitioners Act that restricts the practice of law to those who are enrolled to practice law, within its own local jurisdiction. The court held that international lawyers could fly in and fly out to conduct arbitration cases in India. By this singular decision, the court increased the chances of India becoming the hub of international arbitration in Asia as well as its ranking in the World Bank’s comparative rating index in the ease of doing business among nations.

Recently, when the Apex Court held that international lawyers could fly in and fly out to conduct arbitration cases in India, it proved that the SCI is alive to its role as a court of policy

The Balaji case (Bar Council of India v A.K Balaji & Ors) is a landmark decision and will have a revolutionary effect on the practice of law in India. Hopefully, it will also set a precedent in other emerging economies including Nigeria.

The Indian Supreme Court gave a robust consideration to the issues canvassed by the parties and ruled in favor of the Bar Council, stating that the right to practice law, whether in litigious or non-litigious matters, is the exclusive preserve of advocates enrolled with the Bar Council. It, however, distinguished between the practice of the profession of law and casual visits by foreign lawyers on a