The Bar Council Of India issued a press release wherein putting out some clarification in an attempt to put to rest certain misapprehension and the misinformation wherein surrounding the same. It has been permitted by the Bar Council of India for practising foreign law in India on a reciprocity basis by the foreign lawyers and law firms.
Therefore, the BCI categorically stated that the rules allowing foreign lawyers entry into India would function in a very restricted sphere and the said decision is not going to impact the Advocates who are practicing in India.
Adding to it, it has been stated by the press release that the rules have been framed against the backdrop of the Supreme Court ruling in the case of BCI v. AK Balaji, wherein the liberty has been given by the Supreme Court to the Union Govt and the BCI to frame rules in this regard.
It has also been clarified by BCI that it stands committed to protecting and safeguarding the interest and welfare of Advocates in the Country and has also requested all the Advocate Advocate fraternity to welcome the said rules in National Interest.
The BCI notified in India, 2022 in March 13, the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms, wherein BCI opened the gates of law practice in India for foreign lawyers and firms.
The BCI made the following points clear:
The Law Firms and the Foreign lawyers shall be allowed for advising their clients about Foreign laws and International laws only.
They would also render advisory work about such stated laws, only for their foreign clients.
The Law Firms and the Foreign lawyers shall be allowed to function in non-litigation areas only.
The Law Firms and the Foreign lawyers shall not be allowed to appear in any Court, Tribunal, Board, before any Statutory or Regulatory Authority or any forum which being legally entitled to take the evidence on oath and/or for having the trappings of a court.
The entry of foreign lawyers would be on a reciprocal basis only i.e. the lawyers of only those countries who would be permitted in India, wherein the Indian lawyers are also being permitted to practice.
The Foreign lawyers would be allowed to appear for their clients in International Commercial Arbitration.
However, the rules stated by BCI should not be misconstrued for allowing any nonlawyer or any BPO/ etc. any agent, to come to India and start practising in any sphere, and/or under any trading style, if in the substance and the pith, wherein amounting to practise of law as held in A.K.Balaji & Ors.
It has also been asserted by the BCI that the rules will enable India which being the preferred venue for such International Arbitration Proceedings, wherein it will help India to become a India become a hub of International Commercial Arbitration.