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Informist, Wednesday, May 14, 2025

 

NEW DELHI – The Bar Council of India has amended the rules to allow legal practice by foreign lawyers or law firms in non-litigious matters only, provided their home countries extend the same opportunity to Indian lawyers and law firms. This practice is subject to some exceptions, conditions, and limitations specified by the council in its rules.

 

Foreign lawyers and law firms continue to be prohibited from appearing before Indian courts, tribunals, or other statutory or regulatory authorities unless explicitly permitted by the Bar Council of India or as provided under the rules, the council said.

 

The permissible areas of practice for a foreign lawyer or law firm include engaging in corporate legal matters such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts, and other related transactional work, provided such work is on a reciprocal basis.

 

Foreign lawyers and law firms can also represent clients in institutional and ad hoc arbitration cases in India, provided such representation does not contravene the provisions of the Bar Council of India's rules or the Advocates Act, 1961. Clients in arbitration cases can include individuals, firms, companies, corporations, trusts, or societies with their principal office or address in a foreign country. These arbitration cases may involve foreign law, international law, or the laws of jurisdictions other than the lawyer's home country.

 

In addition, foreign lawyers and law firms can provide legal advice, conduct transactions, and give opinions on the laws of their country of primary qualification, on international law, and on the laws of other foreign jurisdictions. These lawyers and firms can also provide legal expertise or advice and appear for entities having a principal office or address in the country of their primary qualification or in any other foreign country.

 

Indian advocates enrolled with any state bar council and working as partners or associates in foreign law firms registered in India under these rules may engage in non-litigious matters, including advisory work related to foreign law or international law. They can also represent clients in international arbitration fora or international law courts as referred by their firms, according to the rules.

 

Indian advocates and partners in such foreign law firms, in accordance with their enrolment rights and privileges to practise law in Indian courts, may also take up matters referred by their firms, provided such matters fall within the scope of Indian law and the advocate's permissible area of practice, according to the amended rules.

 

As per the rules, foreign lawyers and law firms may also engage in the practice of law in India on a "fly-in, fly-out" basis without registration, subject to some conditions. One of the conditions is that the foreign lawyer or law firm must not establish, operate, or maintain any office, infrastructure, or regular presence in India for the purpose of such legal practice.  End

    

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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