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04 April 2012 / Audley Sheppard , Joachim Delaney
Issue: 7509 / Categories: Features , Procedure & practice , Arbitration
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Fly in & fly out

Audley Sheppard & Joachim Delaney welcome Indian moves to be recognised as an international arbitration hub

The Madras High Court has ruled that there is no bar on foreign lawyers visiting India on a fly-in-fly-out basis to provide legal advice to their clients in India on foreign law. In addition, foreign lawyers representing parties in international commercial arbitrations are permitted to participate in such proceedings in India. 

The ruling was given in a public interest case, AK Balaji v The Government of India, Ashurst LLP et al (21 February 2012). The case was brought by a lawyer on behalf of the Association of Indian Lawyers (a Tamil Nadu based pressure group) in Tamil Nadu against 31 foreign law firms and one legal process outsourcing company (LPO). 
 
The claimant argued that the foreign law firms and LPO were practising law in India in contravention of Indian laws, particularly the Advocates Act 1961. Some foreign law firms had opened offices in India, while other firms, it was argued, conducted their
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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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