 has taken a path-breaking decision to allow foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.){kind=link}
The Bar Council of India (BCI) has taken a path-breaking decision to allow foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.
The Council has formulated the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 to enable international lawyers and arbitration practitioners to practice in India.
The BCI said that opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping the legal profession/domain grow in India to the benefit of lawyers in India too.
Stating that India would not suffer any disadvantage if law practice was opened up to foreign lawyers in a restricted, well-controlled and regulated manner, the Council said it would be mutually beneficial for lawyers from India and abroad, adding that these Rules were an attempt in this direction.
The Rules would further help in addressing the concerns expressed about the flow of Foreign Direct Investment in the country and making India a hub of International Commercial Arbitration, it added.
As per the BCI Rules, a foreign lawyer or law firm shall not be entitled to practice law in India without registration with the BCI.
It said this prohibition would not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India on foreign law or international legal issues.
However, the lawyer/firm in this case could not have an office in India, and their practice could not exceed 60 days in any period of 12 months, the BCI Rules further stated.
The Council said the registration fee for a foreign lawyer was fixed at USD 25,000 and at USD 50,000 for a law firm.
As per the BCI, an application for registration of foreign lawyers/law firms must be accompanied with the following documents:
(i) A certificate from the Government of India, (Ministry of Law & Justice and Ministry of External Affairs and Trade) that an effective legal system exists in concerned foreign country of the primary qualification and that it has no objection in case the applicant is registered under these Rules and practices law in India; (However the Bar Council of India may seek any information from any departments/Ministries of any foreign Countries, if it thinks necessary and/or it may contact any. Foreign Government/Department in case any information was required.)
(ii) A certificate from the Competent Authority of the concerned foreign country of primary qualification certifying that the applicant is entitled to practice law in that Country;
(iii) A certificate from the Government of the foreign country of primary qualification that advocates enrolled under the Advocates Act, 1961 are permitted to practice law in that country in the manner and to the extent which is comparable to the law practice permitted under these Rules along with copies of the relevant Laws and Rules;
(iv) A certificate from the Competent Authority of the concerned country of primary qualification or any other competent authority/ies, Courts, Bar Association, Bar Council etc. that the applicant has been in practice in that country;
(v) A certificate of the competent authority of the concerned foreign country of primary qualification that no proceedings of professional or other misconduct are pending either before it or before any other authority competent to entertain and decide such proceedings;
(vi) A certificate of the competent authority of the concerned foreign country of primary qualification giving details of the fee structure and other amounts chargeable from an advocate enrolled under the Act for enabling him to practice law in that country along with relevant Rules and Laws;
(vii) ‘No objection Certificate’ of the competent authority of the concerned foreign country of primary qualification that it has no objection in case the applicant starts law practice in India and that the applicant enjoys a good standing in the Bar.
(viii) A declaration on affidavit that the applicant has not been convicted of any offence and has not suffered any adverse order in any disciplinary matter. (In case he has suffered relevant attested any conviction/adverse order, copies of the order of conviction/adverse order and other related documents about the matter like appeal and stay, if any, or sentence/fine suffered/paid etc. are to be annexed);
(ix) A declaration on affidavit that the applicant has no objection and consents to the making of enquiries and investigation by the Bar Council of India on its own or through such government or non-government investigating agency, as it may deem fit, to verify the veracity of the particulars disclosed by the applicant in the application and genuineness of the documents annexed therewith;
(x) An undertaking on oath that he/it shall not practice Indian law in any form or before any court of Law, Tribunal, Board or any other Authority legally entitled to record evidence on oath;
(xi) A declaration on oath that he/it shall not be entitled to and shall not claim any interest on the guarantee amount deposited by him/it with Bar Council of India at the time of registration under these Rules and that the Bar Council shall be entitled to adjust and apply this guarantee amount to the penalty and cost amounts that may be awarded by the Bar Council of India under the provisions of these Rules;
(xii) A declaration on oath that the applicant fully understands and appreciates the fact that on registration under rule 7 of these Rules, the Advocates Act, 1961 and Rules made there under, mutatis mutandis, apply to him/it in respect of law practice by him/it in India and that he/it is subject to the jurisdiction of Courts of Law in India and to the jurisdiction of Bar Council of India in relation to such practice
Further, the Rules said that the right to practice law in the concerned foreign country of primary qualification shall be the primary qualification for practicing law in India.
It said registration would remain valid for a period of five years. Foreign lawyers/firms were required to renew it by filing an application within six months before the date on which such validity expired.
BCI said it may not reject an application for registration/renewal unless a reasonable opportunity of being heard has been afforded to the applicant, adding that the Council shall be the final authority in all these matters.
It said the Union of India would have the right to recommend cancellation of registration or renewal at any time on the ground of national security, or if it was of the opinion that such registration or renewal was against the national interest, or for any other valid ground.