Bar Council allows entry of foreign lawyers and law firms, notifies amended rules

New Delhi: The Bar Council of India (BCI) has notified amended rules allowing foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.

The BCI has enforced the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, earlier notified on March 10, 2023.

According to a press release from the BCI, 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 amended rules allow foreign legal professionals to engage only in non-litigious legal practice. This includes advisory work on foreign law, international law, and arbitration, particularly in relation to cross-border transactions and international disputes.

Highlighting the principle of reciprocity, the BCI stated that Indian advocates and law firms would also be eligible to register as foreign lawyers or foreign law firms abroad. This allows Indian legal practitioners to offer foreign and international law consultancy while retaining their right to practice Indian law domestically, Bar and Bench reported.

To ensure fair competition and protect the interests of Indian lawyers, the BCI has laid down rigorous registration and renewal conditions for foreign entities.

These include submission of legal qualifications, no-objection certificates, and detailed declarations of compliance with Indian regulations.

The amended rules also introduce a new category: Indian-Foreign law firms. These are Indian legal entities authorised to practice both Indian and foreign law. Upon registration, such firms can provide legal services across both domains and continue representing clients in Indian courts and tribunals.