The Bar Council of India has taken a revolutionary decision to permit foreign lawyers and law firms to practice foreign law in India based on the principle of reciprocity. The areas of law practice for foreign lawyers and firms will be laid down by the Bar Council of India, in consultation with the Law Ministry, if necessary. The regulatory body has issued the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, to implement these new rules.
What does the Bar Council of India’s decision permit?
The Bar Council of India’s decision permits foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.
What areas of practice will be allowed?
The areas of practice that will be allowed for foreign lawyers and firms will be laid down by the Bar Council of India, in consultation with the Law Ministry, if necessary. They will 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 a reciprocal basis. However, they will not be allowed to do any work related to conveyancing of property, title investigation, or other similar works.
What is the significance of this decision?
The significance of this decision is that it will enable foreign lawyers and law firms to practice foreign law in India. This will help to address concerns about the flow of foreign direct investment in the country and make India a hub of international commercial arbitration. Additionally, it will help to grow the legal profession in India to the benefit of lawyers in India too.
What limitations will there be on the practice of foreign law in India?
The practice of foreign law by foreign lawyers and firms will be well defined, regulated, and controlled. They will not be permitted to appear before any courts, tribunals, or other statutory or regulatory authorities. The foreign lawyers or foreign law firms shall not be permitted to practice litigation in India.
How will foreign lawyers or foreign law firms be registered?
The foreign lawyers or foreign law firms will be required to register with the Bar Council of India before they can practice law in India. The prohibition against practicing law without registration will not apply if such practice is done on a ‘fly in and fly out basis,’ which does not exceed 60 days in any 12-month period.
In conclusion, the Bar Council of India’s decision to permit foreign lawyers and law firms to practice foreign law in India is a significant development. This decision will help to promote the growth of the legal profession in India and make India a hub of international commercial arbitration. The decision is well regulated and controlled, which ensures that the legal fraternity in India will not suffer any disadvantage. The registration process will help to ensure that only qualified foreign lawyers and law firms are allowed to practice foreign law in India.
