BCI notifies revised regulations permitting foreign lawyers, law firms to practice in India

According to the BCI, foreign lawyers are allowed to participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law.

The press statement issued by BCI on Wednesday stated that this move aims to position India as a favourable destination for global arbitration while ensuring the rights of Indian legal professionals remain protected.

Additionally, the BCI has modified the 2022 rules governing the registration and regulation of foreign lawyers and law firms, initially published in the official gazette on March 10, 2023.

The revisions restrict foreign legal practitioners to matters concerning foreign and international law, explicitly barring them from practising Indian law or engaging in litigation. These safeguards are intended to uphold the interests of Indian advocates.

It stated that the amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritises the rights and interests of Indian legal professionals.

Foreign lawyers and law firms are expressly prohibited from engaging in litigation practice, appearing before Indian courts, or practising Indian law in any capacity.

Emphasising protection for Indian Lawyers, the amended regulations explicitly stipulate that the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961.

Foreign lawyers and law firms are categorically prohibited from practising Indian law, appearing before Indian courts, tribunals, or statutory authorities.

The scope of permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes, stated the press statement.

BCI clarified that through these amendments, the Bar Council of India seeks to maintain the sanctity of the Indian legal profession, promote India as a hub for international arbitration, and provide Indian lawyers with structured avenues for international practice while ensuring that the practice of Indian law remains solely in the hands of Indian advocates.

Foreign lawyers and law firms shall be registered in India by the Bar Council of India only upon obtaining a No Objection Certificate (NOC) from the Ministry of Law and Justice and the Ministry of External Affairs.

The Bar Council of India, through these amended regulations, reaffirms its decisive stance in safeguarding the rights, interests, and privileges of Indian advocates.

By delineating clear boundaries for the practice of foreign law and international legal matters, the BCI ensures that the sanctity of Indian law remains exclusively in the hands of Indian legal professionals while simultaneously facilitating global integration and opportunities in the realm of international arbitration.

This regulatory framework not only upholds the primacy of Indian advocates in domestic litigation but also offers well-defined avenues for them to expand their expertise in foreign law and international arbitration, thereby establishing a balanced and mutually beneficial legal framework in India, said BCI.