Chief Justice of India (CJI) B.R. Gavai recently stated that the entry of foreign law firms into India for non-litigious matters is a significant step that will benefit the country’s legal and arbitration landscape.
Addressing the international conference on “Arbitrating Indo-UK Commercial Disputes” held in London, the Chief Justice said the Bar Council of India’s (BCI) latest move would open doors for global collaboration and improve international commercial dispute resolution in India.
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"On May 14, 2025, the Bar Council of India notified the rules for the registration and regulation of foreign lawyers and law firms in India," he said.
As per the new rules, foreign lawyers can now practise in non-litigious matters involving foreign law, international law, and arbitration. They are still barred from handling court cases but can participate in international commercial arbitration proceedings, especially when those disputes include cross-border legal issues.
"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," Justice Gavai emphasized.
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Until this decision, foreign legal professionals were restricted under the Advocates Act, 1961, and could not practise in India unless specific conditions were met. The new framework, however, marks a shift in policy and aligns India with global standards.
“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 stated.
Justice Gavai also highlighted the growing legal and business ties between India and the UK. He noted that these relations could significantly enhance the arbitration systems in both countries.
“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,” he added.
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Justice Gavai stressed that Indian lawyers have the potential to be globally recognised arbitrators. However, this opportunity remains underutilised and should be harnessed with the help of such reforms.
With these regulatory changes, India is poised to strengthen its position in global legal affairs, especially in the realm of arbitration and international dispute resolution.
