According to the Bar Council of India (BCI), international law firms have received the go-ahead to practice foreign law in the country. The new rules will allow BCI registered solicitors and other foreign lawyers to practice English, Welsh and international law in non-contentious matters and represent clients outside of India in international arbitration matters within the country. International firms that register with the BCI will also be able to open offices to provide these services and access legal expertise relating to Indian laws from advocates enrolled with any Indian State Bar Council. However, there are limits to the changes, which will not extend to litigation before courts and tribunals in India and only allow international transactional work on a reciprocal basis.
Asian Voice reached out to British law firms to know their perspective on this announcement.
Yashmin Mistry, Managing Partner JPC Law said, “This measure will clearly allow international lawyers to practice foreign law and offer legal services in international arbitration cases within India. This is not only great news for clients operating in both countries but more so for the legal profession. This change is not only an exciting opportunity for dual-qualified lawyers who will be able to work between the two jurisdictions more freely but perhaps, an opportunity for Indian law firms to gain more exposure to global best practices. The move is also likely to assist with establishing India as a major player for international commercial arbitration.”
Sundeep Oberoi, Solicitor SNV of Law said, “It's welcoming news that the Bar Council of India have been changed the rules to admit foreign lawyers and foreign law firms in India. However, in my opinion, the rule change is limited in its scope as it relates to transactional and corporate work. Presently, it does not give registered foreign lawyers the right to appear in courts or tribunals in India or before regulatory authorities or engage in conveyancing work relating to property transactions in India. The hope of it benefiting the majority of the Indian diaspora in the UK is limited. As a solicitor admitted in England & Wales, my practice on cross-border related legal matters involves dealing with lawyers in Delhi and Mumbai on disputes involving a question of Indian law and I still find it an invaluable resource to consult with my colleagues admitted in India.”
Anup Vyas, Director Vyman Solicitors said, “India has long held out as one of the last major global economies to restrict legal practice to its own citizens. However, on 15 March 2023, the Bar Council of India announced a landmark decree allowing foreign lawyers to practice foreign law in India on a reciprocal basis. The Bar Council was mindful of the need to promote India as a hub of international commercial arbitration and prevent India from being left behind. The Bar Council recited that the legal profession was noble and not treated as a commercial activity or service. Nevertheless, the Indian legal profession had to rise to the occasion to meet global challenges: “The world is becoming a global village“. The Bar Council stated that international trade and commerce were advancing at a great pace and demand from clients operating in international and cross-country business was becoming severe day by day. Whilst this decision will not impact litigation in Indian courts or lawyers serving Indian domestic clients, it will expand opportunities for international lawyers serving Indian and foreign companies engaged in international transactions and arbitrations. It will be interesting to see how the big US and UK law firms react. There will be more competition from and opportunities for foreign law firms. But it is also intended to lead to a more vibrant and competitive legal industry in India. It should increase opportunities for Indian lawyers to learn from and collaborate with lawyers from across the world. It is significant also in promoting the UK-India trade partnership. I see it as a further example of India’s economy developing, deregulating and embracing free-market principles.”
Niten Chauhan, International Partner at Harold Benjamin said, "With an increasingly challenging legal landscape, proactive law firms now have a platform to be more competitive in the future. Furthermore, the Law Society remains committed to ensuring England and Wales remain an open market to Indian and Foreign lawyers so these new provisions are as much about reciprocity between the two countries as they are about an opportunity for one of them.” He also added that UK law firms welcome the opportunity to be able to register to practice in India on a permanent basis. Not only will this assist legal practitioners in both countries but clients shall benefit from foreign lawyers being able to advise them in India on English and Welsh law as well as International law (in specific circumstances); access offices in India to provide these services; and the ability to seek advice from lawyers in that jurisdiction on Indian law.
Reena Popat, Managing Partner Carter Bond Solicitors said, “This is a historic development which follows decades of campaigning! For many years the law firm in England and Wales has attempted to do business in India and ran ‘India Desks and operated via neighbouring countries such as Dubai. The Bar Council of India’s decision released in New Delhi on 13 March 2023 will allow registered solicitors and foreign lawyers to provide legal advice and represent clients based outside of India. Although they cannot appear in court, they can advise clients on foreign law and work on corporate transactions. Until the decision, foreign lawyers could only advise in India on a “fly in fly out” basis, but not permanently due to the restrictions imposed on foreign lawyers and law firms. The new rules will also include allowing registered law firms to open offices in India as well as provide legal advice on home country law. It is an exciting, long-overdue move forward which will create huge opportunities for advocates in both countries. Access to international lawyers and law firms is a hugely positive step for India and will no doubt present excellent synergies between Indian and non-Indian lawyers.”
Shalini Bhargava of Ashford Law said, “In a historic move, the Bar Council of India has decided to allow foreign lawyers (including English and Welsh Solicitors and Law firms) to practice international law in India. This means English and Welsh Solicitors and Law firms will be allowed to provide legal advice on English and Welsh law and international law in non-contentious matters in India as well as represent clients in international arbitration matters in India. The change in law reflects the growing client base for international lawyers in India. This legal development comes as a result of decades of campaigning by the Law Society of England and Wales including Law Society President Lubna Shuja’s visit to Delhi last week, where she met with the Bar Council of India and the Law Secretary of India.”
Shany Gupta, CEO Duncan Lewis Solicitors said, “The Bar Council of India’s decision to allow foreign law firms to practice in India on a reciprocal basis is historic. However, the devil will be in the detail, which will need to be examined carefully, and there is likely to be much wrangling over the interpretation of the rules in the coming years before they properly bed in. So far, the scope looks fairly limited, with foreign lawyers barred from some areas, such as from appearing in courts or tribunals where evidence is taken under oath, and only able to advise clients on foreign and international matters; something no doubt designed to allay the fears of lawyers in India. Too many restrictions could put some firms off initially perhaps, but if properly worked through and enacted sensibly this much-needed liberalisation of the Indian legal services market will provide huge opportunities for all.”
Naynesh Desai, Consultant Solicitor Chan Neill Solicitors LLP said, “As I understand it, the opening up to foreign law firms is restricted so that you cannot act in litigious matters which actually makes sense since foreign firms may not be familiar with practice and procedure in the Indian courts as well as being familiar with Indian statutes. However, to be able to advise on commercial matters is a very exciting opportunity, especially with the predicted growth in trade between India and the UK, I think it will open up opportunities not just for English law firms but also for the USA and other places. The competition will be healthy and hopefully will produce a consistently high quality of legal services as well as more competitive pricing of those services. I am excited and will certainly be looking into this.”
Rima Sengupta, Head of India desk and Partner at Axiom DWFM said, “I am pleased to announce that Axiom DWFM welcomes the recent announcement by the Bar Council of India which means that, for the first time, English and Welsh solicitors and law firms will be able to register to practice in India to advise on their home country law and international law in non-contentious matters. Our strong relationships with the local Indian community and through Axiom DWFM’s India desk means that we welcome this news, as it will provide huge opportunities for solicitors and Indian advocates in both countries. Our India Desk team at Axiom DWFM are looking forward to seeing what the future holds and relishing this opportunity to widen our client base even further.”
