In a landmark move, the Bar Council of India (BCI) has officially notified amendments to its rules, now permitting foreign lawyers and law firms to practice foreign law in India under a reciprocity-based framework. These changes, introduced through the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, aim to strike a balance between globalization and the protection of Indian advocates.
The revised Rules, originally notified on March 10, 2023, are designed to regulate the conduct of foreign legal professionals strictly within the realm of non-litigious legal work. Foreign lawyers are permitted to engage in matters involving foreign law, international law, and cross-border transactions, including participation in international arbitration proceedings where foreign or international law is applicable.
A BCI press release emphasized that these reforms intend to enhance India’s appeal as a hub for international arbitration, without diluting the rights or opportunities available to Indian legal professionals. The BCI has assured that Indian lawyers’ interests remain paramount, with safeguards built into the registration and renewal process for foreign entrants.
Notably, the amendments introduce a novel category—Indian-Foreign Law Firms—referring to Indian entities that qualify to practice both Indian and foreign law. These firms, subject to BCI registration, may represent clients in Indian courts while also advising on international matters. This initiative provides Indian law firms with a platform to grow globally without abandoning their domestic practice rights.
The Rules also outline conditions for “fly in-fly out” practice, permitting short-term, advisory-only legal consultations by foreign lawyers in India, capped at 60 days within a 12-month period. However, such lawyers must refrain from establishing a permanent presence or infrastructure in India. Any violation or ambiguity concerning these provisions will be adjudicated by the BCI.
Furthermore, registered foreign lawyers and firms will be subject to regulatory oversight and ethical standards akin to those applied to Indian practitioners, ensuring uniform professional accountability.
With this move, the BCI has taken a significant step toward opening India’s legal sector while maintaining a strong regulatory regime to support the growth and integrity of Indian legal practice.
