The Bar Council of India (BCI) issued a press release to clarify its recently published gazette notification regarding the entry of foreign lawyers and law firms in India. The BCI clarified that Non-native legal practitioners and law firms could only offer legal advice and services on foreign and international laws to foreign clients. They cannot appear in any court, tribunal, board, or regulatory authority that can take evidence on oath. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal.
Scope of Work for Foreign Lawyers in India
The BCI Rules for Registration and Regulation of International attorneys and Foreign Law Firms in India, 2022, enable international lawyers and arbitration practitioners to advise clients in India on foreign and international law. However, there was confusion surrounding the scope of work that foreign lawyers can do, prompting the BCI to issue the clarification press release. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal.
BCI Rules Encourage India as a Venue for International Commercial Arbitration
The BCI believes these rules will encourage multinational corporations and foreign commercial entities. Consequently, India will be promoted as a hub for international commercial arbitration. Moreover, the Supreme Court of India instructed the BCI and the Government of India. This case dates back to March 13, 2018.
The BCI highlighted that the implementation of the new regulations would not have any effect on Indian lawyers. Furthermore, it clarified that the new rule should not be misconstrued. Thus, non-lawyers or BPO companies can’t start practicing law in India. The rules would apply only if there is a reciprocal agreement between the foreign lawyer’s country and India.
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