Foreign lawyers and firms can operate in India, says BCI

Subject : Polity

Section: Judiciary

Concept :

The Bar Council of India (BCI), which is a statutory body governing legal practice in India, has now opened up law practice in India to foreign lawyers and law firms.
The BCI has formulated the “Bar Council of India Rules for Registration of Foreign Lawyers and Foreign Law Firms in India, 2021” which facilitate foreign lawyers and law firms to practise foreign law, diverse international law and international arbitration matters in India in a well-defined, regulated and controlled manner based on the principle of reciprocity.

About the new rules

According to the Advocates Act, advocates enrolled with the Bar Council alone are entitled to practise law in India.
All others, such as a litigant, can appear only with the permission of the court, authority or person before whom the proceedings are pending.
Foreign lawyers and law firms can practice in India :
The notification essentially allows foreign lawyers and law firms to register with BCI to practise in India if they are entitled to practise law in their home countries.
However, the foreign lawyers or foreign Law Firms have not been permitted to appear before any courts, tribunals or other statutory or regulatory authorities.
They are allowed to practise 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.
Same restrictions for Indian lawyers working with foreign law firms :
Indian lawyers working with foreign law firms will also be subject to the same restriction of engaging only in non-litigious practice.

Significance

According to BCI the move would mutually benefit lawyers from India and abroad and the legal fraternity in India would not experience any disadvantage.
Further, the latest move is expected to address the concerns over the flow of Foreign Direct Investment (FDI) into the country and would help make India a hub for international commercial arbitration.