The Bar Council of India (BCI) has recently amended its 2022 regulations, allowing foreign lawyers and law firms to practice foreign and international law in India under specific conditions. This move aims to enhance India’s position as a hub for international arbitration and cross-border legal services.

Permitted Activities: Foreign legal professionals can now engage in non-litigious matters, including advising on foreign law, participating in international commercial arbitration, and handling cross-border transactions. However, they are prohibited from engaging in litigation or representing clients in Indian courts or tribunals .

Reciprocity Principle: The amendment introduces a reciprocity-based framework, allowing foreign lawyers and firms to operate in India only if their home countries offer similar rights to Indian legal professionals. This ensures a balanced exchange of legal services .

Registration and Compliance: Foreign entities must obtain No-Objection Certificates from the Ministry of Law and Justice and the Ministry of External Affairs. They are required to submit applications to the BCI with necessary documentation, including proof of foreign legal qualifications and evidence of reciprocity .

Fly-In, Fly-Out (FIFO) Model: Foreign lawyers without a permanent office in India can visit for up to 60 days within a 12-month period to provide legal advice on foreign or international law. Each visit requires prior notification to the BCI, including details of the client, nature of work, and duration of stay .

Indian-Foreign Law Firms: The amendment allows Indian law firms to register as foreign law firms, enabling them to offer consultancy on foreign and international law without losing their rights to practice Indian law domestically. This dual registration system facilitates global expansion while maintaining local legal practice .

Enhanced Global Integration: The amendment aligns with India’s economic growth and the need for specialized legal services in international markets, fostering greater integration into the global legal framework.

Opportunities for Collaboration: Indian and foreign legal professionals can now collaborate more effectively, sharing expertise in areas like international arbitration and cross-border transactions.

Regulatory Oversight: The BCI’s stringent compliance requirements ensure that foreign entities operate within the legal boundaries, protecting the interests of Indian legal professionals.

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