header-logo header-logo

Fly in & fly out

04 April 2012 / Audley Sheppard , Joachim Delaney
Issue: 7509 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll