This article has been co-authored by Kriti Kothari and Sourajit Bhattacharyya.

In a landmark move, the Bar Council of India (“BCI”) has recently notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 (“Rules”), on May 14, 2025. The BCI had initially gazetted these rules on March 10, 2023. The regulatory framework given by the BCI aims to manage the entry and functioning of foreign legal professionals in India, to meet the needs and requirements of the global legal scenario on one hand, while safeguarding the interests of Indian legal practitioners on the other.

Rationale given by the BCI for issuing the notification

The Bar Council of India realized that the advancement of international trade and commerce required the Indian Legal system to adapt to a more open, responsive, and receptive legal professional mechanism in India. This is especially pertinent for clients who operate in international and cross-country businesses, so that the Indian Legal Practice can adapt to globalization.

Further, the BCI, before passing the rules, has taken into consideration the growing demand for International Commercial Arbitration in the legal space and the need for India to become a global arbitration hub in line with Singapore and Hong-Kong. Considering all the following factors, the BCI has opened the doors for foreign lawyers/law firms primarily in the following three areas:

• Practice of Foreign Law
• Practice of diverse International Law
• Conducting and participating in International Legal Matters in India

The BCI in its notification has categorically clarified that foreign lawyers will be allowed to practice in India on the principle of reciprocity and in a well-defined, regulated, and controlled manner. Further, it has been clarified that foreign lawyers will only be able to practice in the above-mentioned three broad heads and will not be able to engage in litigation, appear before Indian Courts, or practice Indian law in any capacity. From this, it becomes amply clear that the BCI notification and the Rules will have no impact on the dispute resolution and litigation space for the foreseeable future. Before delving into the possible impact of the notification, it becomes relevant to understand a few important provisions of the Rules to have a better clarity and understanding of the Rules.

Definition of Foreign Lawyers: As per Rule 2(iii), Foreign Lawyer means a person, including a law firm, limited liability partnership, company, or a corporation, by whatever name called or described, entitled to practice law in a foreign country.

Registration of Foreign Lawyer: The Rules clearly specify that if a foreign lawyer, law firm etc., wishes to practice in India, it will have to apply for registration under the Rules by submitting ‘FORM A’ along with the registration fee and guarantee amount either in person/through post or by submitting the form online.  The said rule of registration does not apply to practice by a foreign lawyer or foreign law firm in case such practice is done on a ‘fly in and fly out basis’, and such practice in India for one or more periods does not, in aggregate, exceed 60 days in any period of 12 months.

Validity of the Registration and Renewal of Registration – The Registration obtained by the foreign lawyers following the abovementioned provisions shall be valid only for five years, and on expiry of five years, the foreign lawyer will have to apply for the renewal of the registration obtained within six months before the date on which the validity of the original registration expires.

Process for granting registration – The Rules specify that before granting the license to foreign firms, the BCI or any committee constituted by BCI in this regard must examine the contents of the application, hold an enquiry with regards to the genuineness of the contents and the documents submitted with the application, examine the laws, rules, and practice of the relevant foreign country, to ascertain the truth about the reciprocity with the concerned foreign country. Once the BCI is satisfied with the contents and genuineness of the application as well as the documents, it will grant a Certificate of Registration containing a separate registration number for every foreign lawyer/firm/LLP, etc. The council is also under an obligation to inform the government of India (through the Ministry of Law and Justice) about any registration granted to any foreign lawyer and will also have to furnish a copy of the registration certificate issued by the BCI.

Areas where the foreign lawyers can practice in India – The areas where foreign lawyers can practice is contained in Rule 8 wherein, it has been stipulated that the Foreign Lawyers will be allowed to practice broadly on transactional work/corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts on a reciprocal basis, doing work, transacting business, giving advice and opinion concerning the laws of the country of primary qualification etc.

Foreign Lawyers can also open an office or offices in India for carrying law practice in India, subject to the condition that the Bar Council of India should be kept informed and aware of such office address at all times.

Disciplinary check on the foreign lawyers – In order to keep a check on the foreign lawyers practicing in India, the Rules clearly stipulate that a foreign lawyer practicing in India shall be subject to the same ethical and practice standards as laid down for the Indian advocates under the Advocates Act, 1961. Further, if any complaint is received by the Bar Council of India about the professional or other misconduct in the practice carried out by the Foreign Lawyers, the Bar Council shall refer the said matter to the Disciplinary Authority of the concerned foreign country for doing the needful. However, if the misconduct or violation is grave and prima facie apparent on the face of the record, then the council may suspend the registration and refer the matter to the concerned disciplinary authority, with an intimation to the Government of India through the Ministry of Foreign Affairs and the Ministry of Law and Justice.

Therefore, on perusing the Rules, it can be clearly understood that in the said rules, the BCI has tried to cover all the aspects for regulating the mode and manner in which foreign firms can establish their law practice in India. The Rules prima facie align with the country’s larger vision of becoming a more globally competitive and investor-friendly jurisdiction.

Anticipated Impact of the Foreign Law Firms on the Indian Legal Landscape

Boost to India’s goal of enhancing Ease of Doing Business in India – With increasing globalization, cross-border trade and investment in Indian startups and enterprises, the presence of foreign legal expertise (preferably from the investor’s own country) will enhance investor’s confidence and facilitate smoother due diligence and compliance process. The foreign investors will be less reluctant to invest in Indian startups due to differences in due diligence standards and other compliance work.

Adoption as well as adaption to best global practices in the Indian legal system – Although, the Indian Legal system is one of the most comprehensive and advanced legal systems in India, the entry of foreign law firms in India will further enable India to adopt best legal practices prevalent across the world leading to innovation and knowledge sharing in the Indian Legal Industry.

Aid India to position itself as a Global Arbitration Hub – With the increase in international trade and execution of multiple cross-border agreements, arbitration as a mode of dispute resolution has assumed great significance. Further, almost all multinational companies prefer arbitration as a mode of dispute resolution. With foreign lawyers being permitted to conduct arbitrations in India, the multinational companies will be inclined to choose India as a seat of Arbitration, opening possibilities for India to position itself as a global arbitration hub in line with Singapore and Hong Kong.

Cross-Border Opportunities for Indian Lawyers – The BCI recent notification clearly stipulates that the foreign lawyers will be allowed to practice in India on the principle of reciprocity which will ensure that Indian lawyers can expand their practice to jurisdictions that allow Indian legal professionals. This development will open global opportunities for Indian law firms and graduates.

Conclusion

The BCI’s notification represents a strategic shift in India’s approach, wherein initially, BCI was hesitant to allow entry to foreign lawyers to practice in India, but has permitted the entry of foreign lawyers in India, considering the global scenario and changing needs of the modern legal landscape. However, the practical implementation of these rules will have to be tested once the foreign law firms enter the Indian market and establish their practice in India.