UK’s Bar Council welcomes change in India’s regulations, says it will lead to mutual benefits
The Bar Council of India (BCI) has announced the enforcement of its amended rules for registering and regulating foreign lawyers and law firms, which permit such lawyers and firms to practise in the country under certain circumstances.
The amended regulations seek to ensure the protection of the rights and interests of Indian lawyers and regulate the practice of foreign and international law in India while offering foreign lawyers opportunities to practise foreign and international legal matters strictly limited to non-litigious areas under a defined regulatory framework, according to a press release from the BCI.
The regulations, as amended, state that Indian lawyers registered under the Advocates Act, 1961, can exclusively practise Indian law and ban foreign lawyers and law firms from practising Indian law in any capacity, engaging in litigious practice, or appearing before Indian courts, tribunals, or statutory authorities, the press release said.
The BCI clarified that foreign lawyers can only practise matters in non-litigious areas involving foreign or international law and arbitration relating to cross-border transactions and international disputes. Put differently, foreign lawyers can participate in international commercial arbitration in India if the arbitration concerns foreign or international law.
“The Bar Council of India, through these amended regulations, reaffirms its decisive stance in safeguarding the rights, interests, and privileges of Indian advocates,” said Srimanto Sen, the BCI’s principal secretary, in the press release.
“By delineating clear boundaries for the practice of foreign law and international legal matters, the BCI ensures that the sanctity of Indian law remains exclusively in the hands of Indian legal professionals while simultaneously facilitating global integration and opportunities in the realm of international arbitration,” Sen added in the BCI’s press release.
In a press release, the Bar Council of England and Wales called the BCI’s regulatory amendments – which would allow foreign lawyers to practise in India under specific conditions for the first time – “historic.”
“The Bar Council of England and Wales has worked closely with the Bar Council of India, and we welcome the revised rules which will help India position itself to become a significant centre for international arbitration,” said Barbara Mills, chair of the Bar Council, in the press release.
“Multi-national companies, including many of those from and with headquarters in India, with very substantial commercial and other disputes, like and expect the flexibility, autonomy and control that international alternative dispute resolution processes allow to them,” Mills added in the press release.
Mills noted that the regulations will enable English and Welsh barristers to offer this service. Mills said UK and Indian legal professionals can achieve mutual benefits and make legal services better and more efficient in both countries if they work together.
