BCI Updates Rules to Permit Foreign Law Practices for Non-Litigious Matters in India

The Bar Council of India (BCI) has issued amendments, effective immediately upon their publication in the Official Gazette on May 13, 2025, to the 2022 Rules governing the registration and regulation of foreign lawyers and law firms in India. These changes allow foreign legal practitioners to offer advice on foreign and international law in India—strictly on a non-litigation basis—provided their home jurisdictions grant reciprocal rights to Indian lawyers.

Under Section 47 of the Advocates Act, 1961, the principle of reciprocity governs this arrangement: foreign lawyers may practice in India only if Indian lawyers enjoy similar privileges abroad. The updated rules aim to foster international legal collaboration without undermining the traditional litigation domain reserved for Indian advocates.

Key highlights of the amended regulations include:

• Reciprocal Registration: Foreign lawyers and law firms must register with the BCI to practice non-litigious foreign law in India. Indian advocates and firms may likewise register abroad without relinquishing their Indian practice.

• International Arbitration Participation: Registered foreign practitioners may represent clients in international commercial arbitrations held in India, provided the disputes involve elements of foreign or international law.

• Controlled “Fly-In, Fly-Out” Practice: Unregistered foreign lawyers may still offer advice on foreign law on a temporary “fly-in, fly-out” basis, limited to 60 days per 12-month period, without establishing a physical presence in India.

• Scope & Restrictions: Permitted non-litigious activities include transactional work (e.g., mergers and acquisitions, joint ventures, IP matters, drafting cross-border contracts) and advisory roles on foreign or international law. Foreign practitioners remain barred from court appearances, conducting conveyancing, or filing documents in Indian judicial or regulatory forums.

• Regulatory Oversight: The BCI retains authority to define practice areas, enforce ethical standards, and, if necessary, cancel registrations for substantive misconduct.

These amendments, first introduced in March 2023, reflect the BCI’s strategy to position India as a hub for international commercial arbitration, attract foreign direct investment, and enrich the domestic legal ecosystem. The Supreme Court, in BCI v. AK Balaji (2018), had affirmed that foreign lawyers could only advise on a “fly-in, fly-out” basis but could not practice law in India. The new rules now formalize a controlled framework for wider engagement, while safeguarding Indian advocates’ core litigation work.

By opening non-litigious avenues for foreign legal expertise under strict reciprocity and regulatory safeguards, the BCI aims to promote mutual growth and uphold high professional standards across jurisdictions.