Indian Law Firms Cannot Present Themselves As Part Of Foreign Firms : BCI Warns On Tie-Ups, Clarifies Scope Of Ban In Indian Arbitration

The Bar Council of India (BCI) has issued a stern warning against unauthorised collaborations, tie-ups, or integrated platforms between Indian and foreign law firms or advocates, reiterating that such arrangements amount to the “practice of law” in India and are impermissible under the Advocates Act, 1961.In a detailed press release dated October 21, 2025, the BCI clarified that its earlier release of August 6, 2025, stood withdrawn and substituted with the current statement. The earlier press release, which had named certain firms, was withdrawn in terms of the statement given to the Delhi High Court in Atul Sharma v. Bar Council of India.The BCI raised concerns over foreign law firms and advocates entering into “strategic alliances,” “exclusive referral models,” and “joint branding initiatives” with Indian counterparts, often marketed as unified or integrated global service platforms.“The combinations are often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, and are publicly promoted under combined identities,” the BCI said, warning that such portrayals create a “de facto integrated legal practice across jurisdictions,” which is not permitted under Indian law.The BCI said that the restriction applies not only to foreign law firms acting on their own but also to situations where an Indian firm functions under the name, brand, or identity of a foreign firm. If an Indian firm presents itself publicly as part of a foreign law firm or network, it will, in effect, be treated as the foreign firm practising Indian law, an activity prohibited under the Rules."The Supreme Court also held that the Advocates Act applies not only to individual advocates but equally to companies, firms, associations, or juridical persons. If prohibition applies to an individual foreign lawyer, it applies equally to a foreign law firm, to a network styled asian association, and to any group of lawyers acting collectively. Institutional entities and natural persons who control, manage, or facilitate such arrangements are all bound by the Act and the Rules. Partners, etc. who are in pith and substance involved in practice of law, may, therefore, be held jointly and severally liable for violations," the BCI stated.BCI explains Regulatory FrameworkReferring to the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023 (as amended in 2025), the Council said that any entity registered under the Rules is required to adhere to strict conditions of disclosure, governance, and compliance.Foreign law firms are allowed to practice only foreign and international law in non-litigious matters and only after registration under the BCI framework. They cannot appear before Indian courts or tribunals, draft or advise on Indian law, or participate in any manner that constitutes the “practice of law” as defined under the Advocates Act.The BCI also cited the Supreme Court's judgment in Bar Council of India v. A.K. Balaji [(2018) 5 SCC 379], which held that foreign lawyers cannot indirectly practice Indian law through contractual arrangements or other structures. The true nature of the activity is decisive, not its form or label, the Council reminded, adding that activities such as drafting contracts, negotiations, and connected services fall within the scope of the Act if performed within India."A foreign law firm or group of firms may only practice foreign law and international law in non-litigious matters in India after registration under the Bar Council of India Rules. It cannot practice Indian law in any form in India, directly or indirectly. It cannot under its head or brand practice Indian law in any form even though the work is executed by an Indian firm acting under that name. It cannot appear in courts or tribunals, nor can it draft or advise on Indian law transactions," the BCI reminded.Show-Cause Notices And InvestigationsThe BCI disclosed that it has already issued show-cause notices to several entities suspected of entering into such collaborations. It directed them to furnish written explanations, documentation of arrangements, and regulatory disclosures.“The Council is also in the process of issuing show-cause notices to other entities which appear similarly placed,” the release stated, warning that failure to comply may lead to proceedings for professional misconduct, reprimand, suspension, or even removal from practice.It further observed that continuous publicity of such arrangements through media campaigns, joint branding, or launch events amounts to prohibited solicitation and advertising under the BCI's Standards of Professional Conduct and Etiquette.Clarification On Arbitration ProceedingsTo dispel confusion regarding arbitration, the BCI clarified that while foreign lawyers may appear in international arbitrations concerning foreign law under the “Fly-in Fly-out” provision, they cannot engage in any activity...

Indian Law Firms Cannot Present Themselves As Part Of Foreign Firms : BCI Warns On Tie-Ups, Clarifies Scope Of Ban In Indian Arbitration

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If an Indian law firm projects itself as a part of foreign law firm, it will be prohibited from practice of Indian law, BCI said.

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