BCI Amends Rules To Permit Foreign Law Firms And Lawyers To Practice Non-Litigious Matters In India

The Bar Council of India (BCI) has amended its rules to permit foreign lawyers and law firms to practice foreign law (non-litigation) in India, subject to reciprocity.

The Bar Council of India has implemented the amended 2022 Rules for foreign lawyers and law firms, notified in March 2023, aimed at protecting Indian advocates' interests while regulating the practice of foreign and international law in India.

The Rules allow foreign lawyers to practice only non-litigious foreign, international, and arbitration law, particularly in cross-border and international disputes. This is based on Section 47 of the Advocates Act, 1961, which permits such practice only if reciprocal rights are granted to Indian lawyers in their home countries.

"The Bar Council of India believes that opening up the legal profession in India to foreign lawyers, limited to the practice of foreign law, handling diverse international legal issues in non litigious matters, and participating in international arbitration cases will meaningfully contribute to the growth of the legal domain in India, ultimately benefiting Indian lawyers as well. It is noteworthy that the proficiency and standards of Indian lawyers are comparable to international standards, and the legal fraternity in India will be in advantageous if law practice in India is opened to foreign lawyers in a restricted, controlled, and regulated manner based on the principle of reciprocity. Such an approach would be mutually beneficial for both Indian and foreign lawyers, and these rules represent a step by the Bar Council of India in this direction.” the Rules stated.

The Rules create a new category of Indian-Foreign law firms, allowing registered Indian entities to practice both Indian law (including litigation) and non-litigious foreign, international, and arbitration law. These firms can also operate abroad subject to reciprocity and BCI regulation.

Foreign lawyers and firms can practice without BCI registration under strict 'fly in-fly out' conditions—limited to advice on foreign law, no office in India, and a maximum of 60 days per year. All such practices must follow BCI rules and ethics, with the BCI resolving any disputes about permissible activities.