BCI Amends Rules for Registration and Regulation of Foreign Lawyers and Law Firms in India

BCI amended its rules to allow foreign lawyers and law firms to register in India for non-litigious practice, including advisory and international arbitration work
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The Bar Council of India (BCI), in consultation with the Government of India, issued new rules (amendments to the 2022 Rules) that regulate how foreign lawyers and law firms can register and operate in India. This is especially important for those involved in cross-border commercial legal work, international arbitration, and advising on foreign law.

Key Highlights of the Amendment

Foreign Lawyers & Law Firms Can Register in India

Foreign lawyers or foreign law firms must register with the BCI if they want to practice non-litigious legal work (i.e., not court-related) in India. This includes:

  • Advising clients on foreign laws.
  • Participating in international commercial arbitration.
  • Providing legal opinions on foreign law matters.

These foreign entities cannot appear before Indian courts or tribunals. Court appearances are reserved for Indian lawyers registered under the Advocates Act, 1961.

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Only Non-Litigious Practice Is Allowed: Foreign law firms can only do:

  • Advisory work related to international law.
  • Work arising out of cross-border transactions.
  • International arbitration.

Registration Comes with Conditions: To be eligible, foreign law firms/lawyers must:

  • Be from a country that allows Indian lawyers to practice there (reciprocity).
  • Get a certificate proving they are allowed to practice law in their home country.
  • Follow ethical standards and rules laid down by Indian authorities.

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Temporary Visit Clause (Fly In and Fly Out): Foreign lawyers can also “fly in and fly out” for specific, short-duration assignments in India, but not for long-term practice. They must not stay for more than 60 days in any 12-month period unless registered.

BCI Can Limit the Number of Registrations: The BCI has the right to cap the number of foreign lawyers or law firms allowed to register, based on demand, reciprocity, and legal needs in India.

The notification ensures that Indian lawyers are not disadvantaged. Foreign lawyers must comply with Indian rules and cannot take over or dominate legal services in India.

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