The Bar Council of India ("BCI") has recently announced amendments that allow foreign lawyers and law firms to practice in India, albeit within a carefully defined framework.
This article considers the possibilities for the practice of international arbitration in India by foreign lawyers under the amended 'Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022' (the "Amended Rules").
Introduction
On 14 May 2025[1], the BCI announced the Amended Rules[2].
Earlier notifications by the BCI had shown that it was initially opposed to the entry of foreign lawyers and foreign law firms in India in any form. However, following a process of internal consultation as well as international discussions with international legal professional bodies, the BCI, through the Amended Rules (earlier gazetted in 2023), allows foreign lawyers to practice in India in certain areas of foreign law, such as corporate, mergers & acquisitions and international arbitration matters. Connected to this, the BCI has also expressed an interest in promoting India as a hub for International Commercial Arbitration.
Legal experts in India note that this regulatory development aligns with broader international trade dynamics, particularly the India-UK Free Trade Agreement which was finalized on 6 May 2025.
The framework
Foreign lawyers and law firms are permitted to practice foreign law and advise on international legal issues in India, within the prescribed regulatory framework. The ability of foreign lawyers and law firms to practice in India is based on reciprocal treatment of Indian lawyers in such jurisdictions, including recognition of Indian qualifications and the scope of practice allowed to Indian lawyers.
Under the Amended Rules, foreign lawyers are strictly prohibited from practising Indian law and are restricted from appearing before Indian courts, tribunals, or other statutory regulatory authorities. Further, foreign lawyers cannot perform activities such as conveyancing of property, title investigation, or drafting, preparing, and/or filing documents for proceedings before Indian courts, tribunals, or other authorities empowered to record evidence on oath. The BCI is able to determine whether a violation has occurred under the Amended Rules and enforce penalties.
It is worth noting however, that on our reading of the Amended Rules, foreign law firms may procure the services of any enrolled Indian Advocate on any subject relating to Indian laws. Given the number of dual-qualified members of the Indian legal diaspora and the quality and sophistication of commercial lawyers in India, foreign law firms will almost certainly look to work, to a large extent, with local lawyers and those who are internationally based, but qualified in India. This potentially opens the door to foreign law firms to expanding their reach beyond foreign law matters, although greater clarity in this area would also be welcome.
What do foreign lawyers need to do to work in India?
To work in India, foreign lawyers must register with the BCI[3]. The registration is valid for five years and is subject to renewal thereafter and the registration and renewal both attract fees (although these are likely to be considered fairly nominal by international law firms looking to establish in India). Applicants must demonstrate, among other things:
- Authorization to practice law in their home jurisdiction.
- Good standing with their local bar or regulatory authority.
- Compliance with the principle of reciprocity, i.e., India must be granted similar access in the foreign lawyer's jurisdiction.
There is an exception for "Fly-in, fly-out" visits[4] though these come with their own strictures and risks, some of which are discussed below.
Fly-in, fly-out
Fly-in, fly-out visits are temporary visits by foreign lawyers to India to provide legal advice concerning foreign law, the foreign lawyer's own legal system or other international legal issues. The BCI requires that such visits do not amount to "practice" under Indian law. Disputes on whether an activity qualifies as the prohibited "practice" will be determined by the BCI.
Foreign lawyers are required to inform the BCI of fly-in, fly-out visits before arrival in India. The Amended Rules set out in "Form-C" the declarations that are required to be made.
Fly-in, fly-out visits are expected to be brief and the Amended Rules are careful to ensure that foreign lawyers or law firms do not use this as a back door to have regular presence or a operate a de facto office in India without the appropriate registration, as set out above. To this end, the Amended Rules state that total duration of fly-in, fly-out visits may not exceed 60 days within any 12-month period, and all subsequent days of presence within the 12-month period will be counted consecutively, regardless of interim departure and re-entry into India[5].
How this 60-day time limit is calculated for foreign lawyers attending arbitrations, or advising on a large, long running project or transaction remains to be seen.
Large construction projects under the FIDIC forms of contract, for instance, often have standing dispute boards. Such projects are carried out over multiple years and foreign lawyers engaged as adjudicators may be required to visit India for site visits and/or hearings. The Amended Rules prescribe a time limit of 60 days within "any 12-month period" for fly-in, fly-out visits. The wording suggests that the 12-month period is calculated on a rolling basis, which is more restrictive than prescribing 60 days within a fixed 12-month period. It would be helpful to have further clarity specifically in relation to arbitrators and adjudicators in standing dispute boards.
There might also be some ambiguity as to whether virtual consultation of foreign lawyers in India related matters is governed by the Amended Rules. A reasoned interpretation would be that the Amended Rules apply only to the physical presence of foreign lawyers in India.
Risks and compliance considerations
Foreign lawyers seeking to practice in India must be mindful of the following considerations:
1. Ethical compliance:
Foreign lawyers must adhere to the Code of Ethics applicable to Indian lawyers, including standards of professional conduct, confidentiality, and conflict of interest rules.
2. Financial considerations:
As specified in the "Schedule for registration, renewal, and fly-in fly-out declaration fees for foreign lawyers and foreign law firms" appended to the Amended Rules, various fees are applicable for registration as well as fly-in, fly-out visits to India. These fees vary depending on whether the application is for an individual foreign lawyer or a law firm, and the number of jurisdictions in which the lawyer or firm is qualified. Similarly, there are fees associated with renewal of registration as well as renewal of fly-in, fly-out declarations. There are also provisions requiring a refundable security deposit as well as non-refundable process charges.
Additionally, there is a possibility that registered foreign law firms and foreign lawyers will be subject to tax laws in India.
3. Restrictions under the Fly-in, Fly-out Rule:
Previously, Indian lawyers practicing in foreign jurisdictions could return home to India for holidays and during such visits might have met with former or prospective clients without regulatory concern. There might be a risk that such visits, or at least some part of such visits, may fall within the regulatory ambit of the Amended Rules.
4. Regulatory ambiguity under the Advocates Act, 1961:
This is, perhaps, the most significant risk. The Amended Rules state that a registered foreign lawyer shall be deemed to be an advocate[6]. There is a considerable risk that, absent an amendment to the Advocates Act, 1961, the Amended Rules are ineffective as the BCI has reached beyond the power delegated to it. This is because the Advocates Act, 1961 stipulates that only Indian citizens enrolled with a State Bar Council may be 'advocates' in India and the BCI does not have the power to broaden the group of people who may be 'advocates'. There is a bill (the Advocates Amendment Bill 2025) which could resolve this issue, but it is presently on hold to accommodate public consultations.
5. Representations before Indian arbitrators:
Foreign lawyers are allowed to represent clients in international arbitration cases conducted in India.[7] However, there is an express prohibition against foreign lawyers drafting, preparing, or filing documents for proceedings before Indian tribunals.[8] Further clarification may be needed on whether foreign lawyers are able to make submissions in international arbitration cases conducted in India with Indian arbitrator/s on the tribunal.
Concluding Remarks
India wishes to position itself as an attractive jurisdiction for international investment and the steps towards allowing foreign law firms to practice in India will bolster the country's ambitions in this regard. Nevertheless, whilst the Amended Rules are, on the whole, undoubtedly positive, a number of uncertainties and risks remain. Whilst some law firms have already taken the plunge, others may, therefore, adopt a more cautious approach, using the fly-in, fly-out regime for the time being whilst waiting for some of the uncertainties to be ironed out.
[1] Press Release Dated 14.05.2025 | Bar Council of India.
[2] Gazette Notification | Bar Council of India (In English from PDF page 34 onwards).
[3] Rule 4.
[4] Rule 8(5).
[5] Rule 3(1)(d).
[6] Rule 8(1).
[7] Rule 8(2)(e)(iv)(b).
[8] Rule 8(2)(c)(ii).
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