Bar Council Of India: Only foreign clients can receive legal advice or services on foreign law from foreign law firms or lawyers in India

The bar association further guaranteed that the new restrictions won’t have any impact on Indian lawyers and that it is committed to protecting their interests and general welfare in the nation.

In response to the concerns raised by the recently published gazette notification on the admission of foreign attorneys and law firms to India, the Bar Council of India (BCI) released a press release on Sunday. The BCI made it clear in its press releases that such foreign attorneys and law firms may only provide legal counsel or services related to foreign or international laws and may only provide such counsel to foreign customers. The Bar Council of India (BCI) announced its Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022 (Rules) on March 10. These Rules paved the way for the entrance of foreign lawyers and law firms into the Indian legal system.

The Regulations give international attorneys and arbitration professionals the ability to provide foreign and international law advice to clients in India. The BCI clarified its press statement on Sunday as a result of confusion regarding the range of work that foreign attorneys are permitted to perform. In accordance with the press release, foreign attorneys are only permitted to counsel clients regarding foreign and international laws; they are not permitted to appear before any court, tribunal, board, or regulatory authority that may receive testimony under oath. According to the document, foreign lawyers will only be permitted to practise in non-litigation areas and their admittance into India will be reciprocal.

The BCI provided the following clarifications:

• Foreign lawyers and law firms are only permitted to advise their clients on foreign and international legislation.
• They would only provide consulting services regarding such legislation to their international clientele.
• They are only permitted to work in non-litigation-related fields.
• They are not permitted to appear before any court, tribunal, board, statutory or regulatory authority, or other forum that is lawfully allowed to take evidence under oath and/or has court-like trappings.
• Foreign lawyers may only enter on a reciprocal basis, meaning that they may only practise in India in countries where Indian lawyers may likewise do so.
• Foreign attorneys would be permitted to represent clients in International Arbitration Center.

According to the BCI’s news release, these guidelines would promote India as a centre for international commercial arbitration by encouraging multinational firms and foreign commercial entities to use India as a venue for arbitration proceedings. The BCI noted that, in a case from March 13, 2018, the Supreme Court of India directed them and the Government of India to create rules for the admission and administration of foreign attorneys and law firms. The bar association further guaranteed that the new restrictions won’t have any impact on Indian lawyers and that it is committed to protecting their interests and general welfare in the nation. However, it made it clear that the new rule should not be interpreted to indicate that any non-lawyer or business process outsourcing (BPO) firm might travel to India and begin practising law. Only if there is a reciprocal agreement between the foreign lawyer’s nation and India would the regulations be applicable.