Latest news with #RulesforRegistrationandRegulationofForeignLawyersandForeignLawFirmsinIndia
Indian Express
14-05-2025
- Business
- Indian Express
BCI amends rules to let foreign law firms operate with partners in India
In a significant decision that opens up the market for legal practice for foreign players, the Bar Council of India (BCI) has amended its rules to allow foreign law firms to represent clients in all international arbitration cases in India and effectively practice before courts by referring cases to their advocates and partners who are licensed to practice in India. '…Indian advocates and partners in such law firms, in accordance with their enrollment rights and privileges to practice law in Indian courts, may take up matters referred by their respective foreign law firms, provided such matters fall within the scope of Indian law and the advocate's permissible area of practice,' Rule 8(3) of the new BCI rules state. This means that a foreign law firm registered in India can refer cases to an Indian lawyer who can then argue before a court of law. This is a big concession from the earlier position that foreign law firms could only operate in 'non-litigious' areas and were restricted to advise their clients only on foreign or international law. Vyapak Desai, who heads International Disputes and Investigations at Nishith Desai Associates, a leading law firm, said the BCI decision marks a 'big shift' in the market. 'Indian advocates can work in foreign law firms registered in India without giving up their right to audience in a court. This really opens up the market for Indian lawyers,' he said. The BCI had brought in the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 which came into force in 2023 allowed foreign law firms to set up offices in India to practice transactional and corporate work on reciprocal basis. 'A foreign lawyer registered under rules shall be entitled to practice law in India in non-litigious matters only,' the rules had stated. On arbitration, the new Rules state that 'practice by foreign lawyers or foreign law firms in India' can include 'providing legal advice, conducting transactions, and giving opinions on the laws of their country of primary qualification, international law, and the foreign laws of other jurisdictions' and 'representing clients in international arbitration cases conducted in India.' 'These arbitration cases may involve foreign law, international law, or a combination thereof,' the Rules added. Since the Rules do not expressly bar arbitrations involving domestic law, foreign law firms can take up any arbitration in India as long as the clients are 'individuals, firms, companies, corporations, trusts, or societies with their principal office or address in a foreign country.' The amended Rules for the first time also allow Indian law firms to register as foreign law firms. Under the earlier rules, if an Indian lawyer registered or worked with a foreign law firm, they had to forfeit their Bar licence to practice in India. However as a 'Indian-foreign law firm,' Indian lawyers continue to work as Indian lawyers while taking on work in foreign or international law in India. The 'Indian-foreign law firms' are essentially a route for Indian firms to compete with foreign firms in India. With India signalling its intent to transform into a global arbitration hub, entry of foreign law firms was a crucial regulatory issue. There has been a demand that foreign companies doing business in India or engaged in arbitration in India must be allowed to engage foreign law firms. It is learnt that the issue was also raised in the UK-India FTA but was later dropped from being packaged with the trade agreement. Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More
Time of India
14-05-2025
- Business
- Time of India
Rules amended for entry of foreign legal firms
Mumbai | New Delhi: The Bar Council of India (BCI) has notified amended rules allowing foreign lawyers and law firms to practice international law in India, on a reciprocal basis, as part of a drive to make India a hub of international arbitrations. The decision by India's legal practices regulator will allow foreign law firms to establish their offices in India, provided their home countries extend the same opportunity to Indian lawyers. Foreign lawyers and law firms can advise clients on transactional and corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related topics. Continue to video 5 5 Next Stay Playback speed 1x Normal Back 0.25x 0.5x 1x Normal 1.5x 2x 5 5 / Skip Ads by by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Bank Owned Properties For Sale In Bahcelievler Mah. (Prices May Surprise You) Foreclosed Homes | Search ads Search Now Undo However, they will not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities. They will also not be allowed to do any work on conveyancing of property, title investigation or other works of a similar nature. Live Events The BCI on Tuesday enforced the amended Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India , 2022, which were originally notified on March 10, 2023. The council said making India a hub of international arbitrations would create new opportunities for Indian advocates and law firms. The BCI's decision "is consistent with the growing cross-border activity involving Indian entities while preserving the domain of Indian lawyers," said Anand Desai, managing partner of law firm DSK Legal. "By allowing foreign lawyers to advise on international matters without practising Indian law, the BCI strikes a balanced approach, protecting legal sovereignty while aligning with global norms," he said. Ajay Khatlawala, managing partner of law firm Little & Co, said the development is expected to increase competition in areas like high-end transactions, cross-border M&A, and international arbitration , where foreign firms excel. "Indian firms may need to raise service quality, invest in training, adopt global best practices, and enhance client service," he said. "At the same time, it opens doors for collaboration through partnerships and referrals... This shift may lead to a more structured, professional, and innovative legal market." It is difficult to ascertain the size of the legal market due to its fragmented nature. The Nifty 500 companies spent ₹52,568 crore, or about $6.26 billion, in legal expenses for the year ended March 2024, up 17.03% from ₹44,920 crore in the previous year, data compiled by ETIG show. Lalit Bhasin, veteran lawyer and president of Society of Indian Law Firms, however, said the Supreme Court had in BCI vs AK Balaji case held that foreign lawyers cannot practice law in India directly or indirectly. Hence, it would have been better to amend the Advocates Act to allow non-Indians to practice law in India subject to BCI regulations. "We welcome foreign lawyers, but that should be in accordance with law to avoid embarrassment to foreign lawyers, the BCI and our government," Bhasin said. In its notification on allowing foreign law firms, the BCI said international trade and commerce are advancing at a rapid pace, and the demand for an open, responsive, and receptive legal professional mechanism in India from clients and businesses operating in international and cross-border markets is growing significantly. "The expansion of international legal work, the globalisation of legal practices, and the increasing internationalisation of law are becoming highly relevant to the growth and evolution of the legal profession and practices in India," the council said.
