In a historic move that transforms India’s legal landscape, the Bar Council of India (BCI) has announced groundbreaking amendments to its regulations that will, for the first time, permit foreign lawyers and law firms to practice in India under specific conditions.
- The Bar Council of India has amended regulations to allow foreign lawyers to practice in India under specific conditions.
- The new framework aims to position India as a hub for international arbitration while protecting the rights of Indian advocates.
According to a press release issued by the BCI on May 14, the revised rules allow foreign legal practitioners to advise on foreign law and participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international legal frameworks.
However, they remain explicitly prohibited from practicing Indian law or engaging in litigation before Indian courts, tribunals, or statutory authorities.
The amendments modify the 2022 rules governing the registration and regulation of foreign lawyers and law firms, initially published in the official gazette on Mar. 10, 2023.
The BCI indicated these changes aim to position India as a preferred global hub for international arbitration while safeguarding the exclusive right of Indian advocates to practice Indian law, as enshrined in the Advocates Act, 1961.
Under the new framework, foreign lawyers are strictly limited to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes. The council emphasised that the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act.
Foreign lawyers and law firms seeking to register in India must first obtain a no-objection certificate from both the Ministry of Law and Justice and the Ministry of External Affairs before they can be registered by the BCI.
The regulatory framework operates on a reciprocity basis, enabling Indian lawyers and law firms to register as foreign law practitioners abroad without giving up their right to practice Indian law in their home country.
This dual registration mechanism offers Indian legal professionals broader international opportunities while maintaining their status as advocates under Indian law.
The BCI has also implemented rigorous registration and renewal requirements for foreign entities, including documentation related to legal qualifications, no-objection certificates, and formal declarations of regulatory compliance.
According to the council, these amendments establish a balanced approach that promotes India as a viable destination for international arbitration while creating structured opportunities for Indian lawyers to expand their practice globally, all while maintaining the sanctity of Indian legal practice.