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Bar council clears path for foreign lawyers, firms to practice in India

The Bar Council of India has revised regulations, allowing foreign lawyers and firms to practice foreign and international law under specific conditions. They can advise on foreign law and participate in international commercial arbitration, but are barred from practicing Indian law. These changes aim to establish India as a global arbitration hub while protecting the rights of Indian advocates.
Bar council clears path for foreign lawyers, firms to practice in India
NEW DELHI: The Bar Council of India (BCI) has announced revised regulations permitting foreign lawyers and law firms to practice foreign and international law within India, under clearly defined conditions.Under the amended rules, foreign legal professionals may advise on foreign law and participate in international commercial arbitration conducted in India, provided such matters involve foreign or international legal frameworks, news agecny ANI reported. However, they remain barred from practicing Indian law or appearing before Indian courts, tribunals, or statutory authorities.The BCI emphasised that these changes aim to position India as a preferred global hub for international arbitration while safeguarding the exclusive right of Indian advocates to practice Indian law, as enshrined in the Advocates Act, 1961.The updated regulations modify the 2022 rules initially notified in the official gazette on March 10, 2023. They reinforce that foreign lawyers may only engage in non-litigious work, particularly in matters related to cross-border transactions, foreign law, and international disputes.
Foreign lawyers and law firms must be registered with the BCI and are required to obtain a No Objection Certificate (NOC) from both the Ministry of Law and Justice and the Ministry of External Affairs prior to practicing in India.According to the BCI’s statement, this regulatory framework not only protects the integrity of the Indian legal profession but also creates structured opportunities for Indian lawyers to expand their practice globally. The Council reiterated its commitment to maintaining the sanctity of Indian legal practice while encouraging international legal collaboration through arbitration and advisory work.
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