BCI Allows Foreign Lawyers And Law Firms To Practice Foreign Law In India

The Bar Council of India (BCI) has made an important decision by allowing foreign lawyers and law firms to practice foreign law in India on a reciprocal basis. This means that international lawyers and arbitration practitioners can now advise in India. The BCI has introduced the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 to make this possible.

The Bar Council of India (BCI) has issued rules that allow foreign lawyers and law firms to give legal advice on international legal matters in India. However, to do so, they must first register with the BCI. Foreign lawyers and law firms are also allowed to give legal advice to clients in India on a “fly in and fly out basis”, but they cannot have an office in India, and their practice cannot exceed 60 days in any 12-month period. The registration fee for a foreign lawyer is $25,000, and for a law firm, it is $50,000.

According to the new rules, the primary qualification for practicing law in India is the right to practice law in a foreign country of the lawyer's primary qualification. Further, the registration will be valid for five years, and foreign lawyers and firms must apply for renewal within six months before the expiry of the registration. The BCI cannot reject the registration or renewal application without giving the applicant a reasonable opportunity to be heard, and the council has the final authority in these matters.

However, the central government can recommend cancellation of registration or renewal at any time on the grounds of national security or if it is against national interest, or for any other valid reason.

The new rules allow foreign lawyers and firms to work in India, but with some restrictions. They are allowed to provide legal advice and do transactional work, like mergers and acquisitions, intellectual property matters, and drafting contracts. However, they cannot represent clients in court or do conveyancing work related to property transfer. They are also not allowed to appear before any courts, tribunals, or other regulatory authorities in India. They can open law offices, engage Indian advocates or lawyers, and even partner with them. The registration is valid for 5 years and can be renewed by filing an application. The Rules also specify penalties for misrepresentation or violations of these rules.