Ritvik Lukose
As the CEO and Co-Founder, Ritvik Lukose leads growth and strategy initiatives across all verticals at Vahura.
Background
The Bar Council of India (Foreign Lawyers and Foreign Law Firms) Registration and Regulation Rules, 2022 (“2022 Rules”) were notified on 10 March 2023 to establish a clear regulatory framework for the entry and practice of foreign lawyers and law firms in India. After feedback from the legal fraternity in India and abroad, the BCI declared that it would issue a revised set of rules after detailed consultations with stakeholders.
In early 2025, the Government of India (Law Ministry) released a draft Advocates (Amendment) Bill, proposing direct government oversight of foreign law firm entry, but withdrew it after opposition from the legal community.
On 13 May 2025, the Bar Council of India (BCI) formally amended and brought into force the 2022 Rules (“BCI Foreign Lawyer Amended Rules 2025”), as published in the Gazette of India. The amended 2025 rules provide a clearer and open framework for foreign law firms and foreign lawyers to operate in India.
- Mandatory Registration: No foreign lawyer or foreign law firm is permitted to practice law in India unless registered with the BCI under these Rules (Rule 3).
- Permitted Practice: Registered foreign lawyers and foreign law firms may only provide legal services in relation to:
- The law of the country of their primary qualification
- International law
- International arbitration (non-contentious matters only)
- Prohibited Activities: Foreign lawyers and law firms cannot practice Indian law or appear before any Indian court, tribunal, or authority (Rule 8).
- Engagement of Indian Lawyers: Foreign law firms and foreign lawyers may engage Indian advocates and other Indian legal professionals as employees, consultants, or in any other capacity, provided that such Indian lawyers shall not represent clients of the firm before a court or tribunal (Rule 9).
- Importantly: If an Indian advocate so engaged acts independently under their own enrollment as an advocate, they may practice Indian law in their own right, as permitted by the Advocates Act, 1961. The restriction is on the foreign law firm’s practice, not on the Indian advocate’s right to practice.
The 2025 Rules introduce an entirely new concept of an IFLF that can practice foreign law (non-litigious areas) and Indian law (all areas, including litigation)
Eligibility and Registration:
- An Indian-Foreign Law Firm is any Indian legal entity (partnership, LLP, company, or corporation) authorized to practice law in India and registered under this IFLF category with the BCI. Such firms gain rights similar to Indian advocates registered as foreign lawyers.
- Upon registration, these firms may engage in non-litigious practice areas such as foreign law, international law, and arbitration (as per Rule 8), and retain full rights to practice Indian law, including litigation.
- They are subject to BCI’s supervision across all Indian and foreign legal matters, and must comply with applicable ethical and professional standards. Their operations in foreign jurisdictions are subject to reciprocal recognition and relevant local rules.
- Registration does not restrict existing rights under Indian law but expands the firm’s ability to operate in foreign, non-litigious matters. These firms enjoy parity with Indian advocates registered as foreign lawyers.
- Under these Rules, “partnership” means a formal legal partnership or equivalent governed by legal agreement. Indian lawyers or firms not registered under these Rules may not enter into such partnerships with foreign lawyers or firms but may collaborate through referrals or consultancy contracts.
Duration and Declaration:
Foreign lawyers and law firms may provide legal advice in India on a “fly-in, fly-out” basis without registration, subject to the following:
- The total duration of such presence in India must not exceed 60 days in aggregate within any 12-month period (Rule 8(d)).
- Each visit requires an advance declaration to the BCI in Form C (Rule 8, Form C).
Scope and Limitations:
FIFO practice is strictly limited to advice on foreign law, the lawyer’s own legal system, or international legal issues; no office, infrastructure, or regular presence may be established in India (Rule 8(5)). Any dispute as to whether activities constitute permissible FIFO practice or prohibited “practice” under Indian law is to be determined by the BCI.
Ethical Compliance:
All rules and the Code of Ethics applicable to registered foreign lawyers/firms also apply to FIFO practitioners, except where specifically exempted.
Dual Qualification:
- Indian advocates may apply for registration as foreign lawyers under the Rules if they possess the requisite foreign qualifications and authorization.
- Such dual-qualified individuals may practice both Indian law (as Indian advocates) and foreign law/international law (as registered foreign lawyers).
The Rules prescribe detailed application procedures:
| Fee Type & Form | Individual Foreign Lawyer | Foreign Law Firm | Additional Jurisdiction (Individual) | Additional Jurisdiction (Firm) |
|---|---|---|---|---|
| Registration Fee (Form A) | USD 15,000 | USD 25,000 | USD 5,000 per jurisdiction | USD 10,000 per jurisdiction |
| Renewal Fee (Form B, every 5 years) | USD 8,000 | USD 15,000 | USD 2,000 per jurisdiction | USD 5,000 per jurisdiction |
| Fly-In Fly-Out Declaration (Form C) | USD 3,000 per declaration | USD 6,000 per declaration | USD 1,000 per jurisdiction | USD 2,000 per jurisdiction |
| Renewal of Fly-In Fly-Out Declaration | USD 1,500 per renewal | USD 3,000 per renewal | USD 500 per jurisdiction | USD 1,000 per jurisdiction |
| Aspect | BCI Amended Rules May 2025 | BCI 2022 Rules | Relevant Provisions |
|---|---|---|---|
| Scope of Practice | Foreign lawyers/firms may only engage in non-litigious practice in India, limited to advising on foreign law, their home country’s legal system, and international legal issues, including international arbitration and corporate transactions. They may not advise on or practice Indian law. | Allowed to practice foreign law and participate in international arbitration on a non-litigious basis, subject to registration. | Rule 8(1), 8(2) |
| Court / Tribunal Appearance | Explicitly prohibited from appearing before Indian courts, tribunals, or statutory authorities authorized to take evidence. | The same prohibition applied. | Rule 8(2) |
| International Arbitration | Permitted to act in ad hoc or institutional international arbitration seated in India, provided the client is a foreign entity or the matter involves foreign/international law. Must comply with registration norms. | Permitted in international commercial arbitration, subject to registration. | Rule 8(2) |
| Fly-In, Fly-Out (FIFO) | Foreign lawyers and foreign law firms may engage in the practice of law in India on a ""fly-in, fly-out"" basis without registration on the following conditions: (i) Limited to advising on foreign law, own legal system, or international legal issues. (ii) Engagement may be initiated in India or abroad. (iii) No office/infrastructure or regular presence allowed. (iv) Total practice must not exceed 60 consecutive calendar days in aggregate in any 12-month period, counted from the first date of arrival, regardless of departures/re-entries. (v) Declaration in Form C must include nature of work, legal areas, client details, jurisdictions, and a statement that Indian law is not practiced. (vi) Disputes over scope determined by BCI. (vii) Code of Ethics and other rules apply unless expressly exempted. | Permitted for temporary visits with less specificity. No formal time cap or comprehensive declaration requirements. | Rule 8(5); Form C |
| Reciprocity Principle | Registration permitted only for lawyers/firms from jurisdictions that offer comparable rights to Indian lawyers. | Reciprocity requirements existed. | Rule 6; Rule 7 |
| Compliance & Registration | Registration is mandatory for any regular legal presence in India. Application through Form A, along with jurisdictional declaration, fees, and documents. | Registration was mandatory to commence legal practice. | Rule 3, 4; Form A; Fee Schedule |
| Partnerships with Indian Lawyers | Allowed only if the Indian lawyer/firm is also registered under these Rules. Referral arrangements permitted without registration. | Permitted informal collaborations like referrals or consultancy. | Rule 9 |
| Employment of Indian Lawyers | Foreign law firms may employ Indian lawyers for advisory support, but such lawyers cannot appear in courts on behalf of the foreign firm. | Not specifically addressed. | Rule 9 |
| Disciplinary Oversight & Penalties | Enforcement emphasis increased. BCI will act against any unauthorised practice. | Non-compliance subject to action under Advocates Act. | Rule 10, 11 |
| Categories of Applicants | Defined as: (a) Individual Foreign Lawyer (b) Foreign Law Firm (c) Indian Lawyer seeking to register as Foreign Lawyer (d) Indian Law Firm seeking to register as Foreign Law Firm (e) Indian Foreign Law Firm | No clear classification in 2022 Rules. | Rule 4(1); Form A |
Lee Ignatius
Lee is the Co-Founder and a Partner at Vahura. He heads the Private Practice and Funds Search Practice Group at Vahura.
Balanand Menon
Bala is a solution architect, data analyst, and an MBA, who loves painting a picture using data. He leads a consulting practice that is at the cutting edge of legal market data, legal operating models, legal technology and innovation. Bala co-conceptualised and led the Vahura Best Law Firms to Work studies (2018 and 2022), and is a sought-after advisor on change management and innovation.
Ankita Malik
Ankita is a consultant at Vahura, specializing in strategic advisory and market intelligence. She assists clients with legal market insights, partnership structuring, and compensation and benefits planning.Before joining Vahura, Ankita worked at an…
