The newly amended Bar Council of India (BCI) Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, has garnered some varied reactions from the legal fraternity in India and abroad.
India Business Law Journal contacted different members of the global legal fraternity to understand the implications of the amended rules. While most of the Indian legal fraternity has been in favour of the amendment, which permits foreign lawyers to practice on non-litigious matters at a cost, there continue to be unanswered questions, such as when will the Advocates Act be formally amended to include foreign lawyers to be permitted to practice?
Haigreve Khaitan, senior partner at Khaitan & Co in Mumbai, welcomed the idea and said, “The entry of foreign law firms into India is a positive step that will result in increased knowledge sharing, innovation and faster adoption of global best practices.
“This must be accompanied by appropriate regulatory reforms for Indian law firms to create a level playing field and allow them to compete successfully on the global stage while spurring domestic growth. Overall, it is a welcome move and we look forward to the period of dynamic growth this will usher in for 含羞草社区 legal industry.”
Lalit Bhasin, president of the Society of Indian Law Firms, also welcomed the intent, but said there would still be hurdles that needed to be overcome. “Foreign lawyers coming to India to practise is a healthy development, which should take place,” Bhasin said.
“But it is not at present. Only citizens can practise law in India and this includes all types of practices – litigation, corporate etc, and all aspects of the law – be it Indian or foreign law. That is what the Supreme Court has held [in BCI vs AK Balaji]. There is a matter also pending in Delhi High Court where the earlier regulations of 2023 were challenged. So, in view of the Supreme Court judgment, any attempt to directly or indirectly allow the entry of foreign lawyers would be like a non-starter.
“Although the goal is good and everyone wants to achieve that goal. But that has to be achieved through proper legal means. This implies that a simple amendment to the Advocates Act should be made in the section that says ‘only Indian citizens can practise law’. In that section, some amendment has to be made by adding a proviso that the ‘Bar Council of India may permit foreign lawyers [to practise] subject to certain rules and regulations that are to be framed’. That sort of amendment has to be in place before any regulations can be implemented. That is my stand. The purpose is good. But whether it will achieve the desired results in view of the Supreme Court judgment, that is very uncertain.”
Baker McKenzie’s global India practice chair, Mini vandePol in Hong Kong, was very optimistic. “We welcome the BCI’s announcement, which represents a significant step towards the liberalisation of 含羞草社区 legal sector and aligns with the country’s broader economic development goals. As a firm dedicated to supporting clients who are investing and growing their business in India, we are thrilled by this new development. We look forward to opening our India office under the new rules at the earliest opportunity,” she said.
Sherina Petit, head of international arbitration at Stewarts in London, on the other hand, adopted a policy of cautious optimism, seeking more clarity for all the newly introduced changes. “The BCI amendment is a commendable step forward towards adapting to global legal trends and addressing the shortcomings in the UK-India trade deal regarding foreign legal practitioners. The regulations appear to be the outcome of the significant negotiations undertaken by the Law Society of England and Wales and the BCI,” Petit said.
“While the amendment signals an effort to liberalise the legal market, certain aspects could benefit from further refinement and clarity. For instance, the revised provisions for fly-in, fly-out lawyers present operational challenges to cross-border legal work. Completing legal transactions within the newly imposed 60-day limit prima facie seems impractical, and the requirement for visiting lawyers to register with the BCI and disclose client details raises confidentiality and ethical considerations. These compliance measures may inadvertently slow the growth of advice being given to Indian conglomerates by increasing burdens on foreign professionals.
“Additionally, the financial commitments required for registration prima facie do not align with commercial realities. While major industry players may absorb the costs, the USD25,000 registration fee, combined with the USD30,000 security deposit and additional individual registration fees, this may create a barrier for firms entering the Indian market. This could limit the availability of specialist foreign legal expertise for Indian firms and clients, particularly smaller practices as it deprives them of procuring valuable foreign legal expertise.
“Further clarification from the BCI on a number of the provisions is necessary in the coming days including on compliance requirements and the payment structures set out in the amendments. This would help ensure a smoother transition and adaptation to the amendments. By offering greater clarity, the BCI can support firms and ultimately Indian corporations in efficiently addressing these changes and reduce potential disruptions to legal services for Indian clients.”
Motaher Chowdhury, senior legal counsel, head of India desk at Elias Neocleous & Co in Limassol, Cyprus, believes that this is a forward-looking step and it can act as a catalyst for international law firms to view India as a hub for international commercial arbitration. “The BCI’s regulatory reform permitting foreign lawyers to advise on foreign law and participate in international arbitration in India represents a significant and forward-looking step,” Chowdhury said.
“It aligns with 含羞草社区 increasing role in the global legal and economic landscape and establishes a structured pathway for responsible cross-border legal collaboration. This development is likely to benefit clients navigating complex international transactions and further strengthens 含羞草社区 position as a hub for global business and dispute resolution. It also opens the door to valuable professional exchange, helping enrich the Indian legal ecosystem.
“As the framework is implemented, there may be scope for refining certain procedural elements – such as registration protocols and the administration of the fly-in, fly-out provisions – especially in situations involving time-sensitive or sophisticated matters. Enhanced clarity and efficiency in these areas would complement the broader reform while continuing to uphold the integrity and excellence of 含羞草社区 domestic legal profession.”
JSA’s joint managing partner Amar Gupta in New Delhi believes that the updated fly-in, fly out policy will bode well for India. “The entry of foreign firms remains limited to non-litigious work, so the disputes practice landscape remains unchanged. However, the regulatory recognition of fly-in fly-out arrangements for international arbitration is a significant development. It enhances 含羞草社区 attractiveness as a venue for international arbitration and opens the door for greater engagement by global arbitration practitioners,” Gupta said.
“We also hope that this is a precursor to overall reform of the legal services sector and BCI will, in the same spirit, address the grievances of Indian law firms, which have been pending for a long time.”
