In a significant step towards opening up India’s legal sector, the country's top legal body, the Bar Council of India (BCI), has notified amended rules allowing foreign lawyers and law firms to practise foreign law in India on a limited basis.The move has been hailed by legal experts and law firms across India.
The Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022—originally notified on 10 March 2023—have now been formally brought into force, the BCI said .The rules make it clear that foreign lawyers will be restricted to non-litigious matters, where cases are not taken to courts for resolution, involving foreign law, international law, and arbitration—particularly in the context of cross-border transactions and international disputes.
"The BCI has further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals," the Council stated.
According to the BCI, the move aims to regulate foreign legal practice while safeguarding the interests of Indian advocates.
The newly notified framework introduces a reciprocity model, enabling Indian lawyers and firms to register as foreign law practitioners abroad, thus expanding their global footprint without giving up the right to practice Indian law at home.
“Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums,” the BCI said, adding that this dual registration mechanism offers Indian professionals a broader international platform.
To ensure oversight and limit undue competition, the BCI has implemented rigorous registration and renewal requirements for foreign entities. These include documentation related to legal qualifications, no-objection certificates, and formal declarations of regulatory compliance.At the heart of this reform lies the principle of reciprocity, enabling Indian lawyers to explore international practice while allowing foreign lawyers limited practice rights in India. The BCI’s approach is seen as a measured step that protects domestic legal professionals while acknowledging the growing demand for international expertise.
India's top law firms have expressed he amendment is a positive and overdue recognition of India’s growing legal maturity and commercial relevance. By allowing foreign lawyers and law firms limited entry to practice non-litigious, advisory work relating to foreign and international law. The BCI signals an openness aligned with India’s ambition to become a global hub for legal services.
From a General Counsel’s standpoint, this move could enable better access to global legal talent and foster higher standards of service delivery in cross-border matters.The fees, periodic renewals and oversight mechanisms could be interpreted as revenue-generating instruments for the Bar Council, rather than true enablers of cross-border collaboration. It is also observed that the new rules appear to have some restrictive compliance burdens that are perhaps driven by revenue considerations.
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