Mona Bhide, from ABL’s member firm Dave & Girish & Co in Mumbai, India, has shared the official press release from the Bar Council of India (BCI) regarding the amended rules for the registration and regulation of foreign lawyers and foreign law firms in India. These amendments, dated 14 May 2025, are aimed at protecting the interests of Indian advocates while providing a clear framework for foreign lawyers to engage in limited non-litigious practice areas involving foreign and international law.

Below is the full text of the press release, shared for the information of ABL members:

Bar Council of India Amends Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, earlier gazetted on 10th March, 2023, AND Restricts Practice to Foreign and International Law, Prohibits Indian Law Practice and Litigation, Ensuring Protection for Indian Advocates

The Bar Council of India (BCI) has enforced the amended "Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, earlier gazetted on 10th March, 2023." with the primary objective of safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India. The Rules and Regulations comprehensively address the principle of reciprocity, ensuring equitable treatment and corresponding obligations for all parties involved. The amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritizes the rights and interests of Indian legal professionals. Foreign lawyers and law firms are expressly prohibited from engaging in litigation practice, appearing before Indian courts, or practicing Indian law in any capacity.

Emphasizing protection for Indian Lawyers the amended regulations explicitly stipulate that the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961. Foreign lawyers and law firms are categorically prohibited from practicing Indian law, appearing before Indian courts, tribunals, or statutory authorities. The scope of permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes. The BCI has further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign law or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals.

Benefit to Indian Advocates and Law Firms

The regulatory framework aims to strike a balance between global integration and the protection of Indian legal practitioners by enabling Indian lawyers to access foreign legal markets based on principles of reciprocity. Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums. This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law.

Protection of interests of Indian Advocates

To prevent undue competition and protect the interests of Indian lawyers, the BCI has implemented stringent registration and renewal requirements for foreign lawyers and law firms seeking to practice foreign law in India. The regulations mandate comprehensive documentation, including proof of primary legal qualification, noobjection certificates, and declarations of compliance with Indian regulations. Furthermore, foreign lawyers seeking temporary entry for legal advisory under the "FlyIn Fly-Out" (FIFO) provision must comply with strict guidelines limiting their stay to 60 days per 12-month period.

The BCI has introduced Form A for registration, Form B for renewal, and Form C for FIFO declarations to facilitate the regulatory framework. All registrations will be valid for a maximum period of five years, subject to renewal based on continued compliance with the regulations.

Objective and aim is to make India a premier hub of International Arbitration which would benefit Indian Advocates and Indian Law firms by creating advantageous opportunities for them

Through these amendments, the Bar Council of India seeks to maintain the sanctity of the Indian legal profession, promote India as a hub for international arbitration, and provide Indian lawyers with structured avenues for international practice while ensuring that the practice of Indian law remains solely in the hands of Indian advocates.

Foreign lawyers and law firms shall be registered in India by the Bar Council of India only upon obtaining a No Objection Certificate (NOC) from the Ministry of Law and Justice and the Ministry of External Affairs.

The Bar Council of India, through these amended regulations, reaffirms its decisive stance in safeguarding the rights, interests, and privileges of Indian advocates. By delineating clear boundaries for the practice of foreign law and international legal matters, the BCI ensures that the sanctity of Indian law remains exclusively in the hands of Indian legal professionals while simultaneously facilitating global integration and opportunities in the realm of international arbitration. This regulatory framework not only upholds the primacy of Indian advocates in domestic litigation but also offers welldefined avenues for them to expand their expertise in foreign law and international arbitration, thereby establishing a balanced and mutually beneficial legal framework in India.

(Srimanto Sen)

Principal Secretary,

Bar Council of India

For questions or further information, ABL members may contact Mona Bhide at Dave & Girish & Co, Mumbai, India.