The Bar Council of India (BCI) has announced plans to open up the Indian legal market to lawyers and law firms from the United Kingdom (UK), signalling a significant regulatory shift. This decision follows discussions with the Law Society and the Bar Council of England and Wales, held at the Law Society's Hall in London.
Implementation of Amended Regulations by End of July
By the end of July, the BCI intends to finalize and implement amended regulations governing the entry of foreign lawyers and law firms into India.
This follows the BCI's notification of the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India in 2022, which were further explained in a press release dated March 19, 2023.
The Rules were not implemented because the Society of Indian Law Firms (SILF) raised objections, and the Law Society and Bar Council of England and Wales also wanted more clarity on them. Additionally, a petition was filed in the Delhi High Court challenging the Rules.
During the recent meeting at the Law Society, several crucial issues were deliberated upon:
- Rule 8(2)(v) and Opportunities for Indian Lawyers
A contentious point discussed was Rule 8(2)(v), which currently restricts Indian lawyers associated with foreign firms to non-litigious matters and advising on non-Indian laws. The Law Society advocated for fewer restrictions, emphasizing greater opportunities for Indian lawyers within international firms. Discussions centred on reciprocity and potential amendments to these rules.
- Definition of "Foreign Law"
The meeting also debated the definition of "foreign law," particularly in terms of its application and scope within the regulatory framework. Collaboration between UK and Indian lawyers on English and international work was proposed, potentially in partnership to navigate Indian legal domains.
- Expanding Definition of "Foreign Client"
Initially defined narrowly, the term "foreign client" is set to be broadened to encompass Indian clients as well, acknowledging practicalities and aligning with operational efficiencies for international firms.
- Extension of "Fly-In, Fly-Out" Period
A request to extend the current 60-day "fly-in, fly-out" period to 90 days was raised by the UK counterparts. This adjustment aims to facilitate smoother operational transitions for foreign lawyers practising in India.
- Addressing Registration Costs and Disciplinary Jurisdiction
Concerns over high registration costs for individual UK lawyers and the jurisdiction of disciplinary matters were also discussed. The BCI committed to reviewing registration fees and considering stakeholder feedback on disciplinary authority.
- Development of Code of Conduct for International Arbitration
In line with judicial mandates, the BCI agreed to develop a comprehensive Code of Conduct for foreign lawyers involved in international commercial arbitration, ensuring adherence to established legal standards.
Conclusion
The anticipated amendments by the Bar Council of India represent a pivotal step towards liberalizing India's legal market, fostering collaboration with UK legal professionals while addressing regulatory intricacies. As these reforms unfold, stakeholders anticipate a dynamic shift in the landscape of cross-border legal practice, emphasizing mutual benefit and regulatory clarity.
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