The Bar Council of India (BCI) amended the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India. As per these rules, a foreign lawyer or Law firm registered under rules shall be entitled to practice foreign law in India in non-litigious matters only, on principles of reciprocity.
Foreign lawyers and foreign law firms are prohibited from performing the following activities
i. Conveyancing of property, title investigation, or similar work.
ii. Drafting, preparing, or filing documents for proceedings before Indian courts, tribunals, or other authorities empowered to record evidence on oath.
As per the BCI, the amended rules were brought about with the primary objective of safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India. In a press release following the amended rules, Principal Secretary, BCI stated-
“The Rules and Regulations comprehensively address the principle of reciprocity, ensuring equitable treatment and corresponding obligations for all parties involved. The amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritizes the rights and interests of Indian legal professionals. Foreign lawyers and law firms are expressly prohibited from engaging in litigation practice, appearing before Indian courts, or practicing Indian law in any capacity.”
Emphasizing protection for Indian Lawyers the amended regulations explicitly stipulate that the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961. Foreign lawyers and law firms are categorically prohibited from practicing Indian law, appearing before Indian courts, tribunals, or statutory authorities. The scope of permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes.
The BCI has 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 viable destination for international arbitration without compromising the rights of Indian legal professionals.
Although, BCI notified rules for entry of foreign law firms into India in 2023, the new Rules are stricter for foreign lawyers or law firms who continue to conduct their work on a “fly-in, fly-out” basis.
Foreign lawyers and foreign law firms may engage in the practice of law in India on a “fly-in, fly-out” basis without registration, will be subject to the following conditions:
(i) Such practice is strictly limited to providing legal advice to clients in India concerning foreign law, the foreign lawyer’s own legal system, or diverse international legal issues, and must not amount to “practice” as defined under Indian law.
(ii) The engagement or expertise of the foreign lawyer or foreign law firm must be procured by the client either in a foreign country or in India.
(iii) The foreign lawyer or foreign law firm must not establish, operate, or maintain any office,
Infrastructure, or regular presence in India for the purpose of such legal practice
(iv) The total duration of such practice in India shall not exceed 60 days in aggregate within any 12-month period. The 60-day aggregate period shall be calculated as consecutive calendar days, commencing from the first day of arrival in India, irrespective of any interim departures and subsequent re-entries during the 12-month period.
(v) Furthermore, any declaration of Fly-In Fly-Out practice in Form-C must clearly specify the nature of
Work, legal areas involved, client details, and jurisdictions. Additionally, it must be expressly stated that the practice is limited to legal consultancy on foreign law, international law, and arbitration, without constituting practice of Indian law.
(vi) In case of any dispute regarding whether the foreign lawyer’s activities qualify as permissible “fly-in, fly-out” practice or constitute prohibited “practice” under Indian law, the matter shall be determined by the Bar Council of India.
(vii) All rules and regulations that apply to registered foreign lawyers and registered foreign law firms, including the applicability of the Code of Ethics to govern their activities, shall also apply to foreign lawyers and foreign law firms engaging in “fly-in, fly-out” practice, except where explicitly exempted under these rules.
Moreover, the practice of law by a foreign lawyer or foreign law firm in India shall be limited to non-litigious areas involving foreign law and/or international law. Permissible areas of practice include engaging in corporate legal matters such as joint ventures, mergers and acquisitions, Intellectual property matters, drafting of contracts, and other related transactional work, provided such work is on a reciprocal basis.
Following fees will be applicable as per the gazette notification –
Registration Fee For Individual- $15,000 & For Law Firm- $25,000;
Additional Registration Fee For Multiple Foreign Jurisdictions For Individual- $5000 & For Law Firm- $ 10000;
Renewal Fee (Every 5 years) For Individual- $8,000 & For Law Firm- $15,000;
Fly-in/fly-out Fee For Individual- $3,000 Per Declaration & For Law Firm- $6,000 Per Declaration;
Refundable Security Deposit For Individual- $10,000 & For Law Firm- $30,000;
Non-refundable Processing Fee For $2,000 & For Law Firm- $5,000.
Click Here To View BCI Notification