The Bar Council of India (BCI) has officially notified amendments to its 2022 rules, enabling foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.

These revised rules, titled Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, were initially notified on March 10, 2023, and have now come into force.

Objective and Scope

According to a press release, the primary aim of these amendments is to regulate the practice of foreign and international law in India while safeguarding the interests of Indian legal professionals. The scope of permitted legal practice for foreign lawyers is limited to non-litigious matters, specifically those involving:

• Foreign law

• International law

• Arbitration (particularly in cross-border disputes and transactions)

The BCI emphasized that foreign lawyers can participate in international commercial arbitrations conducted in India, provided the disputes involve foreign or international law. This step is intended to promote India as a hub for international arbitration without compromising the rights of Indian advocates.

Reciprocity and Dual Registration

A key feature of the amended rules is the principle of reciprocity. Indian lawyers and law firms are now permitted to register as foreign lawyers or foreign law firms, allowing them to expand into foreign and international legal consultancy without surrendering their right to practice Indian law domestically. This dual registration system offers Indian legal professionals broader opportunities while maintaining their status under Indian law.

Registration Requirements

To maintain fairness and avoid undue competition, the BCI has introduced stringent eligibility criteria for foreign lawyers and firms seeking registration in India. These include:

• Proof of primary legal qualifications

• No-objection certificates from regulatory bodies

• Declarations of compliance with Indian legal norms

Introduction of Indian-Foreign Law Firms

The amended rules also introduce the category of Indian-Foreign Law Firms—Indian entities recognized under Indian law that are permitted to practice both Indian and foreign law. As per Rule 2(vi)(b), such firms:

• Can provide non-litigious legal services related to foreign law, international law, and arbitration

• Retain full rights to appear before Indian courts and other adjudicatory bodies

• May operate in foreign jurisdictions subject to reciprocal recognition

• Will be regulated and supervised by the BCI

These firms can advise on foreign legal matters, assist in cross-border documentation, and represent clients in arbitration involving international or foreign law, thereby facilitating a broader professional platform for Indian legal entities.

'Fly-in, Fly-out' Provisions

The rules also clarify the status of 'fly-in, fly-out' legal practice by foreign lawyers. Such temporary engagements do not require BCI registration, provided the following conditions are met:

• Legal advice is limited to foreign law or international legal issues and does not amount to full legal practice in India

• The client engagement originates in India or abroad

• No office, infrastructure, or permanent presence is maintained in India

• The total duration of presence in India does not exceed 60 days within a 12-month period

• Any disputes about compliance will be adjudicated by the BCI

• All ethical and professional rules applicable to registered foreign lawyers also extend to those engaging under this clause

Conclusion

The amended rules represent a significant regulatory development aimed at integrating India into the global legal services market while ensuring protection for domestic professionals. The inclusion of Indian-Foreign Law Firms and the establishment of a clear regulatory regime for foreign legal practitioners signal India’s growing commitment to fostering a balanced, transparent, and globally aligned legal framework.