The Bar Council of India (BCI) has notified amended rules allowing foreign lawyers and law firms to practice foreign law in India, provided their home countries extend the same opportunity to Indian legal professionals.
The decision marks a major shift in India’s legal landscape, introducing a reciprocity-based framework.
The BCI has enforced the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, which were originally notified on March 10, 2023.
According to a press release, the amended Rules have been notified with the primary aim of “safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India,” as reported by Bar & Bench.
The Rules clearly state that foreign lawyers’ work will be strictly limited to non-litigious matters involving foreign law, international law, and arbitration — particularly in the context of cross-border transactions and international disputes.
The BCI further clarified that “foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign law or international law,” thereby promoting India as a global hub for arbitration “without compromising the rights of Indian legal professionals.”
On the reciprocity framework, the BCI said: “Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums. This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law.”
To protect domestic interests, the BCI has also introduced stringent registration and renewal requirements for foreign lawyers and law firms aiming to operate in India.
