New Delhi, May 14, 2025 — In a landmark regulatory development, the Bar Council of India (BCI) has officially notified the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, allowing foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.
As per the BCI’s press release, the primary objective of these amendments is to safeguard the interests of Indian advocates while providing a structured framework for the regulated entry and functioning of foreign legal professionals in India.
Scope of Practice for Foreign Lawyers
The Rules strictly limit foreign lawyers and law firms to non-litigious legal services, specifically:
- Foreign law and international law advisory
- Cross-border transactions
- International commercial arbitration matters involving foreign or international legal principles
The BCI has emphasized that foreign lawyers may participate in international commercial arbitration held in India, provided the dispute involves foreign or international law. This move aims to promote India as a global hub for international arbitration without diluting the rights or professional domain of Indian legal practitioners.
Dual Registration Opportunity for Indian Lawyers
In a reciprocal gesture, the Rules allow Indian advocates and law firms to register as foreign lawyers or foreign law firms. This dual registration permits them to offer consultancy in foreign and international law without giving up their right to practice Indian law in domestic courts and tribunals. The provision is seen as a significant opportunity for Indian lawyers to expand their global practice while maintaining their domestic presence.
Indian-Foreign Law Firms: A New Hybrid Structure
A notable highlight is the introduction of the “Indian-Foreign Law Firm” category. As per Rule 2(vi)(b), such firms:
- Are Indian entities registered under Indian law
- Can practice both Indian and foreign law
- May advise on international law, foreign legal systems, and arbitration
- Retain full rights to litigate in Indian courts and tribunals
- Are permitted to operate in foreign jurisdictions (subject to reciprocal recognition)
- Will remain under the regulatory oversight of the BCI
This structure offers flexibility and global outreach to Indian legal entities while ensuring compliance with Indian regulations.
Stringent Registration & Compliance Norms
To prevent unfair competition and protect the Indian legal fraternity, the BCI has established rigorous registration and renewal conditions for foreign lawyers and law firms, including:
- Proof of primary legal qualification
- No-objection certificates from relevant foreign regulators
- Declarations of compliance with Indian laws and ethics
- Applicability of BCI’s Code of Ethics to all registered foreign lawyers and firms
‘Fly-In, Fly-Out’ Provision
The Rules exempt certain limited practices by foreign lawyers under the ‘fly-in, fly-out’ model, provided they adhere to specific conditions:
- Services must be limited to legal advice (not formal legal practice) concerning foreign or international law
- No office, infrastructure, or regular presence in India
- Duration not exceeding 60 days in aggregate within any 12-month period
- All engagements must be initiated by the client either abroad or in India
- Any dispute over compliance will be decided by the BCI
- All ethical and regulatory frameworks applicable to registered lawyers extend to fly-in, fly-out practitioners as well
