BCI allows foreign lawyers to practice in India; conditions apply
What's the story
The Bar Council of India (BCI) has approved foreign lawyers and law firms to practice in India, according to The Indian Express. It has, however, set strict regulations and restrictions, declaring that a foreign lawyer may only engage in non-litigious matters and provide legal advice. In this regard, the statutory body will develop specific practice areas for them in consultation with the Law Ministry.
Details
What does BCI notification say?
"A foreign lawyer registered under rules shall be entitled to practice law in India in non-litigious matters only," the BCI notification The Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 reads. It further says that foreign lawyers and law firms cannot appear in courts but can only provide legal advice by registering with the BCI.
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Dos and don'ts for foreign lawyers and firms in India
The BCI announcement further said that foreign lawyers or foreign law firms shall not be permitted to appear before any courts, tribunals, or other statutory or regulatory authorities. They shall, however, be allowed to practice 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, per the council.
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Bar Council in the process of identifying practice areas
Reportedly, the BCI will define the areas of law practice of a foreign lawyer or foreign law firm. "If needed, the Bar Council of India may consult the Government of India, Ministry of Law and Justice in this regard," it said.
Registration
Foreign firms, lawyers must register with BCI
Moreover, foreign lawyers or firms won't be able to practice without BCI's registration. The registration fee for a foreign lawyer is $25,000, while for a law firm, it is $50,000. Under the rules, BCI may also refuse to register them in case their number is likely to become disproportionate to the number of Indian lawyers or Indian law firms.
Benefits
New rules can make India hub of international commercial arbitration
BCI said that the new rules would mutually benefit lawyers from India and abroad and open opportunities for the flow of foreign direct investment (FDI) in the country, making India a hub of international commercial arbitration. The registration will be valid for a period of five years, and the applicant will be required to renew it within six months before the date of expiry.