New Delhi:
The Bar Council of India (BCI) has informed the amendment in its rules, allowing foreign lawyers and law firms to practice foreign laws within India.
According to the BCI, foreign lawyers are allowed to participate in the international commercial arbitration held in India, provided such mediation includes foreign or international laws.
The press statement issued by the BCI on Wednesday stated that the move aims to place India as a favorable destination for global arbitration, while Indian legal professionals ensure preserving the rights of professionals.
Additionally, BCI has revised 2022 rules controlling the registration and regulation of foreign lawyers and law firms published in the official Gazette on March 10, 2023.
Amendments prohibit foreign legal physicians in matters related to foreign and international laws, clearly preventing them from practicing Indian law or joining litigation. The purpose of these security measures is to maintain the interests of Indian advocates.
It stated that the revised rules are strategically designed to provide a structured opportunities for foreign lawyers to practice foreign laws and international legal matters in India, clearly limited to non-raised areas under a clearly defined regulatory framework that prefer the rights and interests of Indian legal professionals.
Foreign lawyers and law firms are clearly banned from engaging in litigation practice, appearing before Indian courts or practicing Indian law in any capacity.
Emphasizing security for Indian lawyers, the revised rules clearly determine that the practice of Indian law remains an exclusive domain of Indian advocates registered under The Advocates Act, 1961.
Foreign lawyers and law firms are clearly banned from practicing Indian laws, Indian laws, tribunals or Indian laws appearing before the legal authorities.
The scope of the exercise permissible for foreign lawyers is strictly limited to non-critical areas incorporating cases of foreign laws, international laws and arbitrations, especially in the press statement about border cross transactions and international disputes.
The BCI clarified that through these amendments, Bar Council of India, maintaining the sanctity of the Indian legal profession, promoting India as a center for international arbitration and providing a structured route to Indian lawyers for international practice ensures that the practice of Indian law remains only in the hands of Indian advisors.
Foreign lawyers and law firms will be registered in India by Bar Council of India, only to obtain any objection certificate (NOC) from the Ministry of Law and Justice and the Ministry of External Affairs.
India’s Bar Council, through these revised rules, confirms its decisive stance to protect the rights, interests and privileges of Indian advocates.
By portraying clear boundaries for the practice of foreign laws and international legal matters, BCI ensures that the sanctity of Indian law remains especially in the hands of Indian legal professionals, as well as provides global integration and opportunities within the scope of international arbitration.
This regulatory structure not only enhances the primacy of Indian advocates in domestic litigation, but also provides a well -defined path to them to expand its expertise in foreign law and international arbitration, establishing a balanced and mutually beneficial legal structure in India.
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