Indian legal profession welcomes rule allowing foreign lawyers to practise in the country

The Bar Council of India's new rules allow foreign lawyers and law firms to practise in India

Foreign lawyers and law firms can now practise in India on the principal of reciprocity, the federal legal regulatory body has said.

The Bar Council of India, which regulates legal practice and education in India, has framed new rules and regulations to enable foreign lawyers and law firms to “practise foreign law, diverse international law and international arbitration matters in India”.

“Time has come to take a call on the issue," the BCI said in a statement. "Bar Council of India is of the view that 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 the legal profession/domain grow in India to the benefit of lawyers in India too,” The BCI added.

The lawyers and law firms will have to register with the BCI and the registration will be valid for a period of five years.

They can open law offices, engage and procure legal expertise from one of more Indian advocates registered as foreign lawyers.

The lawyers and firms will be allowed to take up only non-litigious work and practice on transactional and corporate work, such as joint ventures, mergers and acquisitions and intellectual property matters.

They can provide legal expertise or advice and appear for a person, firm, company or corporation in case their client’s head office is in a foreign country

However, the lawyers and law firms will not be permitted to appear before any court, tribunals or other regulatory authorities.

They can appear before bodies that are not legally entitled to take evidence on oath, in cases in which knowledge of foreign law of the country of primary qualification is essential, the statement said.

'Welcome move'

India’s Supreme Court in 2018 permitted the entry of foreign lawyers and firms on a temporary basis but left it to the BCI to frame rules, after two cross-appeals filed separately by the BCI and Lawyers Collective, a law firm, as to whether the foreign firms and lawyers were permitted to practise in India.

“It is a welcome move and in favour of economics. Rules are well drafted and regulated. We applaud the efforts of the Bar Council of India in taking the initiative. This is going to be mutually beneficial for lawyers in India and overseas as the rules are based on reciprocity,” Raavi Birbal, advocate, Supreme Court of India, told The National.

“Another example of reciprocal basis is the expats provision for provident fund based on totalisation agreements with various countries. Such mutual understandings help professionals and countries to both connect and grow,” she said.

Abhinay Sharma, managing partner of Delhi-based law firm ASL Partners, said that despite the rules that do not allow the litigation lawyers to practise, it will open employment opportunities for Indian lawyers as well as offer options to clients.

“It is a welcoming change for the legal industry. Those who are interested in transactional work, this will be a game-changer as they will have more employment opportunities, especially Indian lawyers who can now practise by being a partner with a foreign law firm. Clients will also have options for competitive prices," Mr Sharma said.