Bar Council permits foreign lawyers to practise in India

AFTER YEARS OF flip-flop on the issue of allowing foreign law firms and lawyers to practice in India, the Bar Council of India (BCI) has officially notified amendments to its 2022 rules which would enable them to do so on a reciprocal basis.

- JYOTSNA BHATNAGAR

The objective of the amended rules is "intended to promote India as a hub for international arbitration".

The revised rules, titled Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, were earlier gazetted on March 10, 2023 and would come into force now. A press release issued by the legal regulatory body states that the "rules have been amended and 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 scope of permitted legal practice for foreign lawyers, as per the new rules, would strictly be limited only to non-litigious matters involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes which, the release states would go a long way "in promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals".