In March 2023, BCI issued the rules allowing foreign law firms and foreign lawyers to practice in India with certain limitations. The objective behind these rules was to address the demand for open, responsive, and receptive legal professional dispensation mechanisms from clients and from the public who operate in international and cross-border business in India. This demand was increasing more and more each day. Growth in the international legal workspace, globalization of legal practices, and internationalization of law are increasingly becoming relevant to the growth of the legal profession in India.
These new rules allowing foreign law firms and lawyers to practice in India have become effective from March 13, 2023, and these rules do allow foreign lawyers and firms to practice in India only for non-litigious matters with certain regulations and limitations. The Bar Council of India clarified that foreign law firms and foreign lawyers may participate in international commercial arbitration involving foreign or international law. These permissions were granted on a reciprocal basis; if Indian lawyers are allowed access in other countries, lawyers from those countries will be allowed to practice in India with similar access.
Past events…
In February 2000, Union Law Minister Ram Jethmalani proposed some amendments in the Advocates Act and the Civil Procedure Code (CPC) allowing foreign lawyers and law firms to practice in India. In effect, around forty thousand lawyers marched to Parliament House in protest. This protest was triggered by the law commission’s proposal to amend the Advocates Act 1961, which would allow foreign legal consultants to practice in India. Indian lawyers opposed this proposal and, the protest turned so intense that forces used water cannons, tear gas, and lathi-charge over protestors. Earlier, BCI also opposed the entry of foreign lawyers and firms into India. The BCI’s opposition was based on concerns about potential business diversion from local firms, financial influence, and reduced employment opportunities for Indian lawyers.
In March 2018, the Hon’ble Supreme Court ruled that foreign lawyers and foreign law firms cannot practice any kind of law in India, not even non-litigation work. One of the key reasons behind it was the lack of reciprocity. Indian lawyers were not allowed to practice in countries such as the UK, the USA, and Australia without passing challenging exams or obtaining permits. The Supreme Court allowed foreign lawyers to visit on a “Fly-In and Fly-Out” basis to provide advice on foreign law or their own legal systems, but not to practice Indian law. The ruling clarified that the term “practice of law” included both contentious (litigation) and noncontentious work.
In March 2023, the BCI tried to change these restrictions by issuing rules allowing foreign lawyers to work in non-litigation areas, such as advising on foreign law. But these rules were challenged in the Delhi High Court and are pending. BCI’s rules for foreign lawyers have not been passed; the matter is still ongoing and pending a final judgment. The Delhi High Court is currently hearing petitions filed by Indian law firms, including Dentons Link and CMS IndusLaw, that challenged the BCI’s authority to frame the rules and the validity of disciplinary actions initiated against them.
Newly notified rules
On May 14th, 2025, BCI officially notified new rules. Now, foreign lawyers and law firms are allowed to practice in India – but only in non-litigation matters involving foreign law or international law, and only if Indian lawyers are getting the same rights in their respective countries on a reciprocal basis. BCI’s newly notified rules of May 2025 are allowing foreign lawyers and law firms to practice in India. The amended rules are part of “Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.” These newly amended rules came with certain limitations and a specific scope of practice for foreign lawyers to practice in India. Foreign law firms and lawyers are allowed to practice in foreign and international law and legal issues, and to address only non-litigation matters. They are also allowed to handle international arbitration cases in India. Foreign lawyers and firms are strictly prohibited from engaging in litigation in any form in India or appearing before Indian courts, tribunals, and statutory bodies. They are also prohibited from practicing Indian law.
Also, the legal fraternity in India is unlikely to suffer any kind of disadvantage in case the law practice in India opens up for foreign law firms and foreign lawyers in a restricted, well-regulated, and controlled manner. And the principle of reciprocity will prove itself mutually beneficial for both lawyers in India and abroad as well. These rules will help in addressing the concerns expressed about the flow of Foreign Direct Investments in the country and make India a hub of international commercial arbitration.
Guidelines and Procedures proposed by the BCI
The Bar Council of India gave certain guidelines regarding the process of registration and other requirements for foreign lawyers and law firms to start practicing in India. It has been made mandatory for foreign lawyers and law firms to obtain a NOC from the Ministry of Law and Justice, along with the Ministry of External Affairs of India, before practicing in India. And, those lawyers and firms will be required to file an application to the BCI for their registration in the Indian jurisdiction. Then, BCI’s committee shall examine the application; hold an inquiry, and check the genuineness of the contents and documents that have been attached to the application by the foreign lawyers and law firms.
If it is found that the applicant firm or lawyer is fit for registration, then BCI shall grant a certificate of registration. This registration will be valid for a period of five years only, and will be required to renew it within a period of six months before the expiry date of registration. Foreign lawyers and firms will be allowed to practice in India in areas of transactional work, corporate work, such as joint ventures, mergers and acquisitions, Intellectual property rights, drafting of contracts, and other related matters in respect of foreign law, international law, within the limited scope of non-litigious matters on a reciprocal basis. Indian lawyers and law firms can also practice alongside foreign law firms by registering under a new category for Indian legal professionals known as “Indian-foreign Law firms.” Registration as an Indian-foreign law firm will not affect the Indian law firm or lawyer’s ability to practice Indian law.
BCI also made certain guidelines for such foreign lawyers who do not maintain a permanent office in India but are temporarily working in India. Such foreign lawyers, also known as temporary entrants, are considered under the FIFO Model, i.e., Fly-In-Fly-Out. BCI’s new rules for temporary entrants under the Fly-In-Fly-Out model say foreign lawyers must inform BCI before each visit. Also, to disclose their client’s name, nature of work, and expected duration. The lawyers coming under the FIFO Model will not be required to maintain a permanent office in India, but they will not be allowed more than sixty days of stay to practice in India within any twelve-month period. A maximum of sixty days a year stay will be allowed under the FIFO Model.
What is Form A, Form B and Form C?
The revised BCI rules prescribed three forms: Form A, Form B, and Form C to ensure compliance by foreign lawyers, foreign law firms, and Indian-foreign lawyers.
- Any foreign law firm or foreign lawyer seeking to practice in India as per these revised rules of BCI should apply for registration in Form A. For initial registration, foreign law firms will be required to pay USD $25,000 as registration fees. Individual foreign lawyers will be required to pay USD $15,000 for registration, or equivalent fees in the foreign law firm’s or lawyer’s primary jurisdiction, whichever is higher. Initial enrollment will be valid for 5 years.
- A renewal application has to be submitted within six months before the expiry of the registration period in form B. The renewal fees will be USD $15,000 for firms and USD $8,000 for individual lawyers, or an equivalent fee in the foreign law firm’s or lawyer’s jurisdiction, whichever is higher.
- For foreign lawyers or law firms opting for the Fly-In-Fly-Out provision, a declaration in form C will have to be filed with the BCI for each such individual visit. The declaration should include details such as the nature of work, legal area involved, client details, and jurisdiction covered. In case of Fly-In-Fly-Out declarations, the applicable fee will be USD $6,000 per declaration for firms, and USD $3,000 per declaration for individual lawyers.
Foreign lawyers and law firms will be required to register with the BCI to practice law in India, and then foreign firms and lawyers can also engage Indian lawyers. The revised BCI rules protect Indian advocates by providing that only Indian advocates registered under the Advocates Act, 1961, can practice Indian law in such foreign law firms. Foreign law firms are showing keen interest in establishing a presence in India.
Conclusion
If a foreign law firm positions itself as a global law firm having offices in all major jurisdictions of the world, then it makes sense for such a firm to register with the BCI under the revised BCI rules and to employ a mix of Indian advocates and foreign lawyers to service such clients. The introduction of the “Indian-foreign law firm” category is an interesting proposal. It creates a formal regime for Indian firms to expand their global presence through arbitration work and through cross-border advisory, without giving up their right to practice Indian law. These revised BCI rules are a milestone. They will cause greater access to international expertise and seamless service for complex, multi-jurisdictional matters. For Indian law firms, they will increase competitiveness and will also throw up opportunities to collaborate, upskill, and partner with global firms.
The initial reactions to the BCI rules for “Registration and Regulation of Foreign Lawyers and Law Firms in India, 2022” seem positive. Certain international law firms have shown an interest in opening offices in India. However, medium-sized global firms are adopting a wait-and-watch approach. The coming time will decide the fate of these revised rules and also whether foreign law firms being allowed their presence in India is the true spirit of liberalization.
References,
- International Bar Association website https://www.ibanet.org/foreign-law-firms-in-India-evolution-regulation-and-the-road-ahead
- The Bar Council of India
https://www.barcouncilofindia.org/info/press-rele-1bcbwy
- NumenLaw website https://numenlaw.com/india-welcomes-foreign-lawyers-and-law-firms.php
- News articles and magazines
- Images are AI generated with Gemini and come under Creative Commons Licence.
Author,
Sangramsingh Sengar
Ex-Intern at Singhania & Co.
Government Law College, Mumbai.
