India allows foreign lawyers to practice in India

 The Bar Council of India (BCI) released a notification dated March 10, 2023 in which it has granted permission to foreign lawyers and foreign law firms to practice foreign law in India on a reciprocity basis. Caiib Mock Tests

The BCI has released ‘Bar Council of India Rules for registration of foreign lawyers and foreign law firms in India’. Foreign lawyers are eligible now to practice foreign law in India, diverse international legal issues in non-litigious matters, and in international arbitration cases.

Benefits of permission:

This step might go a long way in boosting the growth of the legal profession in India as well as to the benefit of lawyers in India.

It will be helpful in addressing the concerns expressed about the flow of foreign direct investment in the country and making India a hub of international commercial arbitration.

Registration Process:

In order to practice foreign law in India, foreign lawyers and foreign law firmswill be required to get registered with the BCI.

The council has established the rules that cover the procedure and relevant fees applicable for the registration.

The validity of such registration will be five years after the concerned individual/ firm asked to get themselves re-registered in order to continue their practice in India.

 Refusal power to BCI:

In the interest of the Indian legal fraternity, the BCI has held an option to refuse any new registrations.

Even if the number of foreign lawyers and foreign law firms in India will be disproportionate to the number of Indian lawyers or Indian law firms registered it would refuse the registration.

Competition between Indian and foreign lawyers:

Until the foreign lawyers and law firms were not allowed to practice Indian law, they work on transactional corporate work as it does not require the application of Indian law, except for some limited provisions.

Even after permission their enforceability might be blessed by Indian lawyers/law firms as foreign lawyers and law firms are not permitted to practice Indian law.

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