Breaking: BCI Permits Foreign Lawyers & Firms To Practice Foreign Law, Diverse International Law And International Arbitration Matters In India

In a pathbreaking development, the Bar Council of India has decided to permit foreign lawyers and law firms to practice foreign law in India on reciprocity basis. The areas of practice of law by a foreign lawyer or Foreign Law Firm shall be laid down by Bar Council of India, in consultation with the Law Ministry, if need be.It has notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The Objects and Reasons of the Rules state,"The Bar Council of India resolves to implement these Rules enabling the foreign lawyers and Foreign Law Firms to practice foreign law and diverse international law and international arbitration matters in India on the principle of reciprocity in a well defined, regulated and controlled manner...opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too."It said this opening up will be restricted, well controlled and regulated to ensure that it is mutually beneficial for lawyers from India and abroad."These rules will also help to address the concerns expressed about flow of Foreign Direct Investment in the country and making India a hub of International Commercial Arbitration. In case, we sleep over the matter, the legal fraternity of India may be left behind in providing legal/professional expertise in accordance to the rule of law in a manner consistent with the best interests of this fast growing class of clients in India. Let us ensure than an opportunity for creating development and growth for legal profession and in the legal sphere in India is not lost," the regulatory body said.It is significant to note that the Supreme Court had, in BCI v. AK Balaji held that foreign law firms/companies or foreign lawyers cannot practice profession of law in India either in the litigation or in non-litigation side. It said that they can only give advice to Indian clients on 'fly in and fly out' mode in temporary basis. It had also held that foreign lawyers cannot be debarred from coming to India to conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration.However, the BCI in its notification said,"the standards of Indian lawyers in proficiency in law is comparable with the international standards and the legal fraternity in India is not likely to suffer any disadvantage in case law practice in India is opened up to foreign lawyers in a restricted and well controlled and regulated manner on the principle of reciprocity." It also noted that the UK claims to have permitted Indian lawyers/law firms to establish in England and Wales and can practice Indian law, international law as well as provide English law advice. BCI said it will verify the claims and reciprocate accordingly.AREA OF PRACTICEForeign Lawyer and/or Foreign Law Firm shall be allowed to practice on transactional work /corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on reciprocal basis. They shall not be involved or permitted to do any work pertaining to conveyancing of property, Title investigation or other similar worksThe Practice of Law by a Foreign Lawyer and/or Foreign Law Firm shall include the following arenas:- (i) doing work, transacting business, giving advice and opinion concerning the laws of the country of the primary qualification; (ii) providing legal expertise/advise and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in a foreign country in any international arbitration case which is conducted in India and in such arbitration case “foreign law may or may not be involved; (iii) providing legal expertise/advise and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in the foreign country of the primary qualification in proceedings before bodies other than Courts, Tribunals, Boards, statutory authorities who are not legally entitled to take evidence on oath, in which knowledge of foreign law of the country of the primary qualification is essential; (iv) providing legal expertise/advise concerning the laws of the Country of primary qualification and on diverse international legal issues, provided that such legal expertise/advise, unless otherwise provided for in these Rules, shall not include representation or the preparation of documents regarding procedures before an Indian Court of Law, Tribunal or any other Authority competent to record evidence on oath or preparation of any documents, petitions etc. to be...

Breaking: BCI Permits Foreign Lawyers & Firms To Practice Foreign Law, Diverse International Law And International Arbitration Matters In India

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