The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar.

OLD LAWS SAY:

Foreign law firms and lawyers are allowed to set up an office in India, on a condition that they register with BCI for an initial period of 5 years and practice only non-Indian law. Foreign lawyers would be considered as Indian lawyers under Section 29, 30, and 33 of the Advocates Act.

The Bar Council of India (BCI), which regulates the legal profession in the country, has decided to allow foreign lawyers and law firms to practise in India in areas such as foreign law, international legal issues and arbitration matters on a reciprocal basis.

The decision will be mutually beneficial for lawyers from India and abroad, said the BCI, which has notified the ‘Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022’.

• This regulatory tweak will address concerns about the inflow of foreign direct investment (FDI) into the country by establishing India as a center for international commercial arbitration.
• The measure also aligns with the best interests of the rapidly growing clientele base for international law in India.

In 2018, the Supreme Court of India made a significant ruling in the case of BCI v. AK Balaji, stating that foreign law firms, corporations, or attorneys would be restricted from practicing law in India, whether in litigation or non-litigation. 

Foreign lawyers and law firms can now practice transactional and corporate work,

• such as joint ventures, mergers and acquisitions, intellectual property matters, and drafting contracts, among other related matters, on a reciprocal basis.
• The move will address concerns about the inflow of foreign direct investment (FDI) and establish India as a center for international commercial arbitration.
• To practice law in India, foreign lawyers or law firms must be registered with the Bar Council of India (BCI) and meet specific requirements.
• However, foreign lawyers are not allowed to appear before any courts, tribunals, or other statutory or regulatory authorities in India.

 

Registration fees and other charges

• Registration fee in case of a foreign lawyer, in case of an individual: US$25,000
• Registration fee in case of a foreign lawyer, if it is a firm, private limited partnership, company, or limited liability partnership (LLP): US$50, 000
• Security deposit in case of a foreign lawyer, in case of an individual: US$15,000
• Guarantee amount in case of a foreign lawyer, if it is a firm, private limited partnership, company, LLP, etc.: US$40,000