Supreme Court says foreign lawyers can't practice in India

Supreme Court says foreign lawyers can't practice in India

On a petition by the Bar Council of India, the Bench of Justices Adarsh Kumar Goel and Umesh Lalit made it clear that practice of law includes not only appearing in courts but also giving opinion, drafting documents and participating in conferences involving legal discussions.

The Madras High court had said that foreign lawyers can fly in and fly out for tendering legal advice on foreign laws.

Due to a phenomenal increase in global arbitrations involving foreign litigants, foreign law firms and lawyers have started appearing in many legal proceedings in India.

The apex court also held that foreign lawyers can appear in global commercial arbitration subject to relevant institutional framework and rules.

"Conversely, (the) plea that a foreign lawyer is entitled to practise foreign law in India without subjecting himself to the regulatory mechanism of the Bar Council of India Rules can also be not accepted".


The only exception that is available is for foreign lawyers coming to India for providing advice on foreign law or when they are coming in to take part in an worldwide commercial arbitration.

The court said that apex bar body, the Bar Council of India or the Central government would be "at liberty to make appropriate Rules in this regard including extending Code of Ethics being applicable" to foreign lawyers and entities.

One of them was passed by Madras High Court on February 21, 2012, and the other by Bombay High Court on December 16, 2009. According to The Times of India, BPO companies working on legal services have also been given a free pass to operate in India as they don't come under the ambit of the Advocates Act. It had demanded, much like the Madras High Court, that these lawyers be enrolled as advocates (under the Advocates Act) to be able to prosecute court cases or practice law in litigious and non-litigious matters.

"Visit of any foreign lawyer on fly-in-and-fly-out basis may amount to practice of law if it is on regular basis". Senior counsel Sajan Poovayya, who represented a few respondent law firms, had argued that "foreign lawyers coming to India to advice on foreign law are not barred".

Ajay Shaw, partner, DSK Legal, said: "This judgment will not have any bearing on Indian law firms at this stage".

Related News:

  • Michael Carrick confirms he will retire at the end of the season

    Michael Carrick confirms he will retire at the end of the season

    He added: "It's kind of been sorted out, but we're still talking about it so there is nothing to totally confirm yet. Hopefully I can get some game time and I am still enjoying training.
    The Real Reason Ronda Rousey Missed 'Monday Night Raw'

    The Real Reason Ronda Rousey Missed 'Monday Night Raw'

    But, now that it's 2018, and because Rousey's signed with the WWE , the consensus seems to be that her fighting career is over. Cesaro and Sheamus in a Handicap Match in New Orleans or Braun being put with Elias to form a new tag team.
    Prosecutors will seek death penalty for Nikolas Cruz, Parkland shooting suspect

    Prosecutors will seek death penalty for Nikolas Cruz, Parkland shooting suspect

    But this week he failed to follow up on plans to ban the sale of assault rifles, or the sale of any type of gun to those under 21. Borges' family has filed notice that they will sue Florida authorities to seek money to cover the cost of his recovery.
  • Google Assistant Lands on the iPad

    Google Assistant Lands on the iPad

    For instance, you can pull Google Assistant up as you work on something in another app or play a game. Of course, Lollipop and tablet support was explicitly added to the Assistant late a year ago .
    Confidence building measures along Assam-Mizoram border

    Confidence building measures along Assam-Mizoram border

    At least 40 people have died in clashes along the border with Arunachal Pradesh, Nagaland, Meghalaya and Mizoram since the 1960s. This was conveyed to Hailakandi Deputy Commissioner Adil Khan by Kolasib Deputy Commissioner, R.
    FOX Chair Says Buffy the Vampire Slayer Could Get Revival

    FOX Chair Says Buffy the Vampire Slayer Could Get Revival

    And really, do we need more "Buffy"? But when we first brought it back it was Chris and David and Gillian. Newman didn't specify a reboot or a revival, but clarified that he wasn't announcing anything official.
  • Jhené Aiko Responds To Rumours That Big Sean Cheated On Her

    Jhené Aiko Responds To Rumours That Big Sean Cheated On Her

    For well over a year now, Big Sean and Jhene Aiko have been one of hip-hop's hottest items. In response, Big Sean quote-tweeted Aiko with a series of clapping hand emojis.
    Former Redskins' QB Kirk Cousins likely to sign with Vikings

    Former Redskins' QB Kirk Cousins likely to sign with Vikings

    Keenum led the Vikings to a magical season , and yet they refused to commit to him, choosing instead to pursue Cousins. Cousins has thrown for at least 25 touchdowns, 4,000 yards and a 93.9 passer rating in every year since 2015.
    Nigeria negotiating for release of abducted schoolgirls

    Nigeria negotiating for release of abducted schoolgirls

    I think this is the best way to help the Nigerian government to get these girls released, which we hope will be done peacefully. We will also support opportunities to expand the economy, commercial investments, and peaceful polls in 2019, " he added.
  • Queer Eye: Tom and ex-wife Abby are engaged!

    Queer Eye: Tom and ex-wife Abby are engaged!

    For anyone who hasn't yet binged watched the show, Tom was the Fab 5's first charge of the season. And Netflix should definitely make the most of this good news, and use it in their own promotion.
    Packers sign Muhammad Wilkerson to 1-year deal worth up to $8M

    Packers sign Muhammad Wilkerson to 1-year deal worth up to $8M

    The 2011 first-round pick made the Pro Bowl for the first time in 2015 after registering 64 tackles and a career-high 12 sacks. He will also contribute to the pass rush - Wilkerson recorded double-digit sacks in two of his seven seasons with the Jets.
    Nicolas Cage to Voice Superman in Teen Titans GO! Movie

    Nicolas Cage to Voice Superman in Teen Titans GO! Movie

    Animation announced this week that Cage will voice Superman in a cameo role for the upcoming Teen Titans Go! movie . However, it's now confirmed that Cage will finally get to play Superman in a movie, but only in a voice role.


Most liked

Championship round-up: Doherty double keeps Wolves clear at top
A header from Galway youngster Ryan Manning and Jake Bidwell's deflected effort put the visitors 2-0 up at half-time. Barnsley inched three points clear of the relegation zone after a 1-1 draw with Norwich .

Teddy Bridgewater, New York Jets working on deal
Cousins only got the team to the postseason once in three years as the starter, and the team lost the one playoff game they had. No matter who the Jets pick, they'll need to cultivate a good young quarterback, something they have failed to do for years.

Opposition Protests In Parliament Stall Proceedings For 7th Consecutive Day
The ruling party also indicated that it will press ahead with the Union Budget-related processes even amid protests. The Rajya Sabha too saw several diruptions with the House being adjourned nearly immediately after the day began.

Toys 'R' Us to announce closure of stores nationwide, according to report
Toys R Us is preparing for liquidation and may shutter all of its roughly 800 USA stores, according to multiple media reports. In a tweet last week, Toys R' Us said they've seen an fantastic outpouring of love and they are still open for business.

Donald Trump suggests USA may need to create a 'space force'
While Trump was nearly jokingly floating the idea, there has always been a military aspect to the space race. It says the Air Force has to move toward creating a space defense unit within itself called the Space Corps.

Instagram, Snapchat suspend GIFs after racist GIF found in library
It included a monkey and a man with a microphone with the speech bubble: "Keep cranking Bonzo, the numbers just keep on climbing". Since the GIF is available on both Instagram and Snapchat, it is Giphy that is at fault for this particular issue.

How Barbershops Could Play a Role in Lowering Blood Pressure
High blood pressure is a key risk factor for heart disease and a leading cause of heart attack and stroke. After six months, nearly two-thirds of participants brought their blood pressure into the healthy range.

Dante is here to hunt down some Monsters
I, for one, can not wait to wield one of these and slash a Deviljho in the face... to see if it cries. The exact date and the details of the collaborative quests have not been announced yet.

Manchester United derby hero Rashford unworried by time on the bench
There has been plenty of talk in recent weeks surrounding Jose Mourinho's handling of Manchester United wonderkid Marcus Rashford .

Curry to miss next four games, re-evaluated March 20
This was the 13th sellout of the season for the Wolves, their most since 2003-04 when they last made the playoffs. The bench is a little older and not quite as balanced, but Andre Iguodala and Shaun Livingston are battle tested.

RBI bans all Indian banks from issuing LoUs, LoCs
Bankers say the scrapping of LoU/LoC is unlikely to impact trade credit as banks can issue Letters of Credit (LC) and Bank Guarantees for trade credits for imports.

Dog dies on flight after owner told to put in overhead bin
Passengers reportedly heard the dog barking during the flight and found out that the dog died when the flight was over. Last August, Lulu, a King Charles spaniel , died in the cargo hold of a United Airlines jet.

Tottenham's Kane out until end of April
The injury occurred after a collision with Bournemouth goalkeeper Asmir Begovic in the first half at Dean Court. England will face Tunisia, Belgium and Panama in the World Cup group stage in Russian Federation .

Federer, Cilic, Del Potro advance in Indian Wells, Djokovic out
He had surgery in Switzerland shortly after that. "And not to mention as well, I've played so many tournaments as a kid here. Yuki Bhambri of India pulled off a surprise when he toppled ninth-seeded Frenchman Lucas Pouille 6-4 6-4.

All-Party Team To Meet Supreme Court Committee On Delhi Sealing Drive
While Kejriwal "missed" BJP in the meeting, AAP and Congress attacked BJP for missing an opportunity to "speak for the traders". Advisor to Delhi's Chief Minister Arvind Kejriwal , VK Jain has resigned from his post citing personal reasons.