Foreign law firms can’t practise in India, says SC

The Supreme court on Tuesday said that foreign law firms cannot set up offices in India but their lawyers could give legal advise on foreign laws.

However, the bench headed by justices Adarsh Kumar Goel and Uday Umesh Lalit said that foreign lawyers could come to the country and participate in international commercial arbitration.

Justice Goel, while pronouncing the judgment, said that even for the limited purposes they would be subject to the Bar Council of India’s Code of Conduct. The court also said that Business Process Outsourcing (BPO) companies engaged in rendering legal services did not come within the ambit of the Advocate Act and thus they can operate in India.

The court’s ruling had come on an appeal by the Bar Council of India (BCI) against the judgment of the Madras high court.

The Madras high court ruling of 2012 had highlighted that there was no bar on them under the Indian law and regulations to visit India on a “fly in and fly out” basis for rendering legal advice to their clients in India.

It was added that foreign lawyers could not be barred from coming to India for conducting arbitration proceedings in disputes involving international commercial arbitration.

In January, the Centre told the apex court that the BCI should consider framing rules to open up the legal sector to foreign lawyers and law firms, failing which it would step in to assist in the process. IANS

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