Foreign lawyers and law corporations will now find a way to practice in India in a restricted, regulated and managed method, and on the precept of reciprocity that shall be mutually useful for lawyers from India, the Bar Council of India (BCI) mentioned.
As per the brand new rule, Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, will allow worldwide lawyers and arbitration practitioners to advise in India. However, foreign lawyers and law corporations shall be entitled to practice solely in non-litigious issues.
Foreign law, arbitration issues, and worldwide authorized points are the three areas which have been opened for them.
“It is noteworthy that the standards of Indian lawyers in proficiency in law is comparable with the international standards and the legal fraternity in India is not likely to suffer any disadvantage in case law practice in India is opened up to foreign lawyers in a restricted and well controlled and regulated manner on the principle of reciprocity as it would be mutually beneficial for lawyers from India and abroad and these Rules are an attempt by Bar Council of India in this direction,” BCI mentioned.
Foreign lawyers or corporations wouldn’t find a way to practice in India with out registration with the BCI, and the registration payment for a foreign lawyer is $25,000, and for a law agency it’s $50,000.
“The registration done under rule 7 shall be valid for a period of 5 (five) years only and the foreign lawyer and/or Law Firm would be required to renew it by filing an application for renewal in Form B within six months before the date on which such validity expires,” mentioned the BCI.
“These rules will also help to address the concerns expressed about flow of Foreign Direct Investment in the country and making India a hub of International Commercial Arbitration. In case, we sleep over the matter, the legal fraternity of India may be left behind in providing legal/professional expertise in accordance to the rule of law in a manner consistent with the best interests of this fast growing class of clients in India. Let us ensure that an opportunity for creating development and growth for legal profession and in the legal sphere in India is not lost.”
“Providing legal expertise/advise and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in the foreign country of the primary qualification in proceedings before bodies other than Courts, Tribunals, Boards, statutory authorities who are not legally entitled to take evidence on oath, in which knowledge of foreign law of the country of the primary qualification is essential,” it mentioned on the practice of law by a foreign lawyer and/or foreign law agency.
(With inputs from IANS)
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