India’s legal market opens up for foreign lawyers

by | Mar 15, 2023

The Bar Council of India (BCI) has, recently, permitted foreign lawyers to practice foreign law in India in non-litigious matters, subject to compliance with BCI’s registration guidelines.  However, appearing in Indian courts, as also advising on real estate matters in India, has been specifically excluded.

Reciprocity is a key criteria, i.e., only if an Indian advocate is allowed to practice in the jurisdiction of the foreign lawyer, will the foreign lawyer be allowed to practice foreign law in India.  This will benefit foreign lawyers from jurisdictions like England and Wales, which has already granted reciprocity to Indian advocates.

Foreign lawyers who do not want to practice law in India under the new rules can continue to advice on a ‘fly in and fly out basis,’ provided that such a practice does not, in aggregate, exceed 60 days in any period of 12 months.

Overall, this is a step in the right direction.  Foreign investors looking to invest in India will derive more comfort if their foreign law firms are on the ground in India.  It will also open up the market for senior, dual qualified Indian lawyers, who will be able to come back to India and lead the foreign law practice initiatives for their foreign law firms.

As regards Indian law firms, there should be limited impact because foreign clients and foreign lawyers will need to take the services of Indian lawyers for, among others, Indian law transactions, opinions and litigation matters.

The BCI rules are silent on the point whether exclusive alliances are permitted between Indian law firms and foreign lawyers with each entity practicing their respective laws.  In our view, this should also be clarified.

More News

IFLR 1000 2024 rankings

Majmudar & Partners has been ranked by IFLR1000 across multiple practice areas. Our partners Akil Hirani and Rukshad Davar have been recognized as highly regarded lawyers in Banking, M&A, and Real Estate Acquisitions.  The IFLR1000 2024 rankings have been...

read more

FPI update

The Reserve Bank of India has recently notified that shares held by foreign portfolio investors (FPIs) in listed Indian companies in excess of the 10% investment cap will either have to be divested or reclassified as foreign direct investment (FDI). Moreover, on...

read more

Legal Era 2024-25 rankings

We are pleased to share that Akil Hirani, Managing Partner and Head of Transactions, Rukshad Davar, Partner and Head - M&A Practice Group, and Ravi S. Raghavan, Partner - Tax and Private Client Group, have been recognized as leading lawyers by Legal Era in their...

read more