CJI Gavai hails decision to allow foreign lawyers to practise in India

CHief justness of republic of bharat (CJI) Bhushan R Gavai on th welcomed the debar Council of India’s (BCI) decision to allow foreign lawyers and law firms to practise foreign law in India, terming it a crucial step in opening up India’s legal ecosystem to global best practices and elevating the country’s status as an international arbitration hub.Delivering the keynote address at the 3rd Edition of the International Conference on “Arbitrating Indo-UK Commercial Disputes” in London, CJI Gavai said: “The decision of the Bar Council of India will provide a pathway to introduce global best practices in the Indian arbitration ecosystem which will be effective in increasing the overall quality of arbitration in India.”The CJI was referring to the BCI’s notification on May 14 this year, that formally brought into effect the rules for the registration and regulation of foreign lawyers and foreign law firms in India. These rules permit foreign lawyers to practise only non-litigious matters involving foreign law, international law and arbitration, especially in cross-border and commercial disputes.“Foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals,” he said.Until this regulatory change, foreign lawyers were barred from practising in India unless they met the stringent requirements under the Advocates Act, 1961. Even non-litigious work was largely off limits unless done through the narrow “fly-in, fly-out” channel.The CJI noted that the legal and business communities of India and the UK were growing increasingly interconnected. “This strong camaraderie is well-positioned to foster the expansion of the arbitration ecosystem in both countries in the near future,” he added.Justice Gavai further emphasised that India’s aspiration to become a preferred venue for international arbitration required more than just legal infrastructure: “It is not an overstatement to say that for India to become a leading hub for international commercial arbitration, the international arbitration community must have access to high-quality, independent and impartial arbitrators, both as a matter of fact and of perception,” he said.Highlighting the need for robust institutional support, CJI Gavai pointed to India’s recent growth in home-grown arbitration centres such as the Delhi International Arbitration Centre (DIAC), Mumbai Centre for International Arbitration (MCIA), the India Arbitration and Mediation Centre in Hyderabad, and the Nani Palkhivala Arbitration Centre. He also cited the central government’s 2019 move to establish the India International Arbitration Centre in New Delhi.“These centres strive for professionalism, efficiency, transparency, and impartiality in arbitral proceedings by providing high quality of arbitral services and by maintaining panels of accredited arbitrators both at national and international level,” he said.The CJI acknowledged that India had much to learn from the UK’s experience. “India can learn extensively from the United Kingdom, which has some of the world’s leading arbitral institutions here in London such as the London Court of International Arbitration (LCIA)…These institutions are known for their access to the most eminent arbitrators, efficient, flexible, and impartial administration of arbitration and other alternate dispute resolution proceedings,” he added.Stressing the finality and certainty of arbitral awards as a core strength of international arbitration, the CJI said, “The finality of an arbitral award is the most crucial aspect in international commercial arbitration. It ensures that once an award is rendered, it is conclusive and binding on the parties involved, providing them with certainty and closure.”The BCI’s 2025 notification builds on its earlier 2023 framework, which had laid the groundwork for regulating foreign legal practice while protecting the interests of Indian lawyers. It introduces a reciprocity-based model that also allows Indian law firms and advocates to register as foreign legal consultants in jurisdictions abroad without giving up their rights to practise Indian law domestically.To ensure oversight and prevent unfair competition, the rules impose strict registration and renewal norms, including documentation on legal qualifications, no-objection certificates, and declarations of compliance. The move is being seen as part of India’s effort to modernise its legal services market.