India beckons as practice restrictions lifted

Foreign lawyers and law firms can register to practise in non-litigious matters only but will be able to work on foreign law, international legal issues and international arbitration cases.

The Bar Council of India (BCI) said, in a statement, the move ‘would be mutually beneficial for lawyers from India and abroad’.

Law Society president Lubna Shuja said the decision was ‘a significant step forward in this long-standing issue and will create huge opportunities for solicitors and Indian advocates in both countries. 

‘We look forward to engaging further on the implementation of the regulations, based on reciprocity of access, and on further initiatives to foster collaboration, cooperation and joint practice between Indian advocates and solicitors.’

Mythily Katsaris, partner and India Desk lead at UK law firm Fladgate, said: ‘The new rules do not address the point on exclusive tie-ups between foreign firms and Indian firms, with each practising their respective laws.

‘I would hope that the Bar Council of India clarifies this point soon. The Bar Council of India has permitted foreign lawyers to practise foreign law in India in non-litigious matters only, subject to compliance with BCI’s Rules and registration requirements. However, appearing in Indian courts, and advising on real estate matters in India, has been specifically excluded.

‘However, foreign lawyers who do not want to practise law in India under the new rules can continue to advise on a “fly in and fly out basis”, provided their practice does not exceed 60 days in any period of 12 months. Overseas investors investing in India will have the comfort of working with their overseas lawyers if they are on the ground, in India.’

Rupa Lakha, partner at Charles Russell Speechlys, said: ‘This is a hugely exciting development and means a definite path forward for foreign lawyers looking for opportunity in India.

‘Having just completed a visit, I know there is great opportunity for UK lawyers to collaborate with Indian Counsel and this latest news has just brought us all one step closer to achieving great things. It also has broader significance in terms of moving forward the UK/India trade partnership. Much more to follow, I am sure.’