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Business Standard
a day ago
- Business
- Business Standard
To prepare a centralised registry of all lawyers, law firms, says BCI
The Bar Council of India (BCI) is in the process of preparing a centralised registry of all law firms and lawyers to establish a democratically elected, pan-India organisation of Indian law firms, the lawyers' governing body said. "This organisation will ensure that voices from every region and practice level are included in the policy dialogues," BCI said. The Council was responding to the Society of Indian Law Firms' (SILF's) opposition to the entry of foreign lawyers and law firms into the country. In its press release, the BCI said SILF did not represent the broad spectrum of Indian law firms. 'It functions primarily as a closed group dominated by a few large, well-established firms. Its stance and actions do not reflect the concerns or aspirations of more than 90 per cent of India's smaller or emerging law firms,' the BCI said in a press note. The Council, which is the apex lawyers' representative and governance body, had on June 14 constituted a high-level committee chaired by Cyril Shroff, the managing partner of law firm Cyril Amarchand Mangaldas, to examine concerns around the May 2025 notification on the entry and operation of foreign lawyers and law firms in India. Shortly after this, on June 17, SILF formed a committee of lawyers, headed by Shardul Shroff of Shardul Amarchand Mangaldas, to suggest changes to the recently notified BCI rules allowing foreign lawyers and law firms to work in India. The BCI said that the consistent feedback it had received indicated that SILF has historically acted to preserve its members' commercial interests at the expense of young, deserving Indian lawyers and new legal practices striving to grow in an increasingly competitive and global legal arena. The lawyers' governing body also alleged that law firms comprising SILF had maintained close affiliations with major foreign legal firms, enabling them to create a 'parallel legal services economy, wherein foreign legal work is funnelled through select Indian firms'. Corporate, transactional, and arbitration-related legal services in India have been monopolised by a small group of law firms, which has stifled the growth of smaller law firms and talented young lawyers, the BCI said. 'The BCI, through these regulations, seeks to democratize access to cross-border legal work, and dismantle the structural monopolies that have long existed within the Indian legal services sector,' the release said.
The Hindu
a day ago
- Business
- The Hindu
BCI hits back at Society of Indian Law Firms over foreign law firm rules
The Bar Council of India (BCI) on Thursday (June 19, 2025) pushed back against criticism from the Society of Indian Law Firms (SILF), the apex body of law firms in India, over its recent move to let foreign lawyers and law firms work in India in a limited capacity. Responding to SILF's public statements, the BCI — the regulatory authority for the legal profession — said the group does not speak for most Indian law firms, especially smaller and newer ones. 'It (SILF) functions primarily as a closed group dominated by a few large, well-established firms. Its stance and actions do not reflect the concerns or aspirations of more than 90% of India's smaller or emerging law firms,' BCI said. Also read: India warms to foreign law firms, but legal concerns simmer In May 2025, the BCI introduced a notification permitting foreign lawyers to function in non-litigious areas only. BCI said the decision was 'based on extensive consultations and overwhelmingly positive feedback from Indian law firms across the country'. 'Contrary to the misleading claims being circulated, these rules do not allow foreign lawyers to practice Indian law, litigate in Indian courts, or appear before any Indian tribunal or statutory authority,' it said. The rules restrict foreign law firms and lawyers strictly to advisory roles in non-litigious matters involving foreign law, international law, or international commercial arbitration, all subject to regulatory oversight and a No Objection Certificate (NOC) from the Government of India. Committee set up BCI said it has already constituted a high-level committee chaired by Cyril Shroff and comprising senior partners from leading law firms, who have been tasked with reviewing the rules and incorporating feedback from stakeholders, including SILF. The council has also resolved to individually engage with law firms nationwide and are working to convene a national-level conference of Indian law firms in Mumbai this September. 'Old win in new bottle' While speaking to The Hindu last month, SILF chairman Lalit Bhasin while welcoming the entry of foreign law firms and lawyers in India raised a few legal concerns. Mr. Bhasin said the BCI's move might go against a 2018 Supreme Court ruling. While the earlier 2023 BCI notification was put on hold, he said that the latest notification feels like 'old wine in a new bottle'. He also suggested that Parliament should step in and amend the law to avoid confusion. On the other hand, the BCI targeted SILF saying it has 'historically acted to preserve its members commercial interests at the expense of young, deserving Indian lawyers and new legal practices striving to grow in an increasingly competitive and global legal arena'. BCI alleged that many of the firms comprising SILF have maintained 'close, long-standing professional affiliations with major foreign law firms'. 'These affiliations have enabled a parallel legal services economy, wherein foreign legal work is funnelled through select Indian firms. This has systematically denied fair opportunities to the vast majority of Indian legal practitioners,' it said. It also stated that SILF has, for over 20 years, opposed any serious engagement with foreign firms — hurting Indian law firms that want to grow internationally.
India Gazette
a day ago
- Business
- India Gazette
Bar Council stands by foreign law firm policy amid SILF resistance
New Delhi [India], June 19 (ANI): The Bar Council of India (BCI) has initiated a nationwide consultative process led by a high-level expert committee to review feedback on its amended Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2025. The move comes amid criticism from the Society of Indian Law Firms (SILF), which the BCI has accused of monopolising access to international legal work and misrepresenting the broader interests of the Indian legal community. The expert panel, chaired by eminent corporate lawyer Cyril Shroff, includes senior legal figures such as Ajay Bahl, Suhail Nathani, Sandip Bhagat, Mahesh Agarwal, and Amit Kapur. It has been tasked with collecting and incorporating stakeholder suggestions while reaffirming the BCI's commitment to fairness, accountability, and legal sovereignty. The Bar Council has invited written submissions from law firms, professionals, and the public within 15 days. The points of reference for the consultation are available on the official BCI website, according to the BCI statement issued on Thursday... The BCI's response targets what it describes as SILF's 'obstructionist stance,' asserting that the group represents only a small clique of large, established firms and not the majority of India's 90-95% small and mid-sized practices. These emerging firms, the BCI argues, have long been excluded from cross-border legal opportunities due to the gatekeeping and foreign affiliations maintained by SILF's dominant members. The Bar Council emphasised that its amended 2025 Regulations are designed to democratise access to global legal practice, particularly for young lawyers and underrepresented law firms seeking international exposure. Contrary to SILF's claims, BCI clarified that foreign law firms are not permitted to practice Indian law, appear before courts or tribunals, or handle litigation-related matters. The 2025 Regulations, as clarified by the BCI, impose strict boundaries on foreign participation: No practice of Indian law in any form is allowed. No appearances in Indian courts, tribunals, or quasi-judicial authorities (Rule 8(2)(b)). Permitted activities are confined to advisory roles involving foreign law, public/private international law, or international arbitration. Prohibited activities include conveyancing, title verification, and legal drafting related to Indian proceedings (Rule 8(2)(c)). International arbitration participation is allowed only where disputes involve foreign law or non-Indian parties (Rule 8(2)(e)). All foreign firms must first obtain a No Objection Certificate (NOC) from the Government of India (Rule 4(a)). In a bid to make policymaking more inclusive, BCI has also announced a National Conference of Indian Law Firms to be held in Mumbai in September 2025. The event will provide a platform for nationwide participation, particularly from regional and smaller firms traditionally excluded from SILF's centralised control. Simultaneously, the BCI is working to create a central registry of law firms and their lawyers, which will eventually enable a democratically elected national body to represent India's legal profession--a contrast to SILF, which the BCI notes has not held internal elections for decades. The BCI alleged that SILF's core motivation stems from fear of losing its exclusive foreign work pipeline. 'Many of these same firms already maintain foreign offices or unofficial tie-ups with foreign law firms,' said the Council. 'Their opposition is not to foreign entry per se, but to the possibility that foreign clients may choose to engage with newer and smaller Indian firms instead.' BCI has firmly rejected claims that the amended rules compromise India's legal independence. 'The Regulations explicitly protect Indian legal sovereignty. No foreign lawyer or firm will be allowed to interpret, argue, or practice Indian law,' the statement reads. Any attempt to circumvent the provisions by Indian or foreign entities will attract regulatory action, including monetary penalties, suspension of registration, disqualification, and possible disciplinary or criminal proceedings, the BCI stated in the statement. The BCI has reiterated that the Regulations are legally valid, currently in force, and not under abeyance or judicial challenge. They are designed to uplift the entire legal profession, especially young, talented advocates who seek a global presence. While the Council expressed its openness to genuine concerns, it condemned misinformation campaigns and fear-mongering. 'The BCI is committed to reform--not for the few, but for the many,' it stated. 'The future of Indian law must be inclusive, competitive, and global.' (ANI)
Mint
3 days ago
- Business
- Mint
Mint Explainer: What's at stake as Bar Council reviews its rules on foreign law firms
On 12 June the Bar Council of India (BCI) set up a high-powered committee headed by Cyril Shroff, managing partner at Cyril Amarchand Mangaldas, to evaluate the implications of newly notified rules that permit foreign law firms to practice foreign and international law in India in a regulated, non-litigious capacity. Mint explains why the BCI set up the committee and what its recommendations could mean for the future of India's legal sector. Why was the committee formed? The committee was formed following the BCI's notification on 13 May of new rules that allow foreign lawyers and law firms to advise on foreign law, international law and arbitration matters in India on a reciprocal and regulated basis. These rules prohibit litigation and focus on cross-border transactions and international disputes. The BCI's aim is to promote India as a hub for international arbitration while protecting the interests of Indian legal professionals. The new framework also allows Indian lawyers to register as foreign law practitioners abroad without relinquishing the right to practice Indian law domestically. Also read: Why India's law firms are in a disputes hiring frenzy Previously, foreign firms could only offer legal advice on a 'fly-in, fly-out' basis, meaning they couldn't set up shop in India and only conduct specific, short-term, advisory engagements related to non-Indian legal matters by sending their lawyers on temporary visits. Now, with strict registration and compliance requirements in place, the move marks a cautious opening up of the India's legal sector, with corporate legal spending expected to cross ₹60,000 crore this year. However, a backlash from Indian law firms—especially over potential constitutional conflicts and competitive disadvantages—prompted the BCI to initiate a thorough review of the plan. What concerns have law firms raised? Several Indian law firms argue that the new rules bypass the Supreme Court's BCI vs A.K. Balaji judgment of 2018, which held that only Indian citizens may practice law in India, even in non-litigation matters, unless Parliament amends the Advocates Act. Their main concerns include: Also read | So many law graduates, so few top jobs: What's holding them back? Lalit Bhasin, president of the Society of Indian Law Firms (SILF), previously cautioned against the unchecked entry of foreign law firms in a press release. 'Allowing foreign law firms without a legislative amendment is not only legally untenable but also threatens to destabilise the domestic legal profession," he said. What will the committee look into? The committee, headed by Cyril Shroff, includes other top legal minds such as Ajay Bahl (AZB & Partners), Suhail Nathani (ELP), Sandip Bhagat (S&R Associates), Mahesh Agarwal (Agarwal Law Associates), and Amit Kapur (JSA). BCI chairman Manan Kumar Mishra is a special invitee. Its mandate includes: The committee has been asked to submit its final report in 30 to 40 days. Based on its recommendations, the BCI will take a final call after consulting both Indian and foreign stakeholders. What are the likely outcomes? Legal experts expect the committee to recommend phased reforms that promote global integration while ensuring regulatory parity. 'If the committee plays it right, it has a chance to turn the current unease into long-term strategic strength for Indian law firms," said Prachi Shrivastava, founder of Lawfinity Solutions, a legal marketing firm. She added that a reciprocity-first model and a phased-entry approach—starting with backend advisory work—could ease the transition for Indian firms. Automated systems for fee disclosures, conflict checks, and jurisdictional limits could boost transparency without overwhelming smaller firms. Also read: Can Vijay Mallya return home? He could. But it won't be a smooth landing. Amit Tungare, managing partner at Asahi Legal, expects the panel to push for 'clearer demarcation of practice areas, standardised partnership frameworks, and reciprocity mechanisms that actually benefit Indian firms seeking global expansion—not just foreign firms entering India". 'This committee has the opportunity to usher in clarity and balance—by ensuring fair competition, pushing for domestic reforms that modernise Indian practice models, and encouraging global visibility for Indian firms," he added. Ashima Obhan, senior partner at Obhan & Associates, emphasised that 'phased liberalisation, symmetry in regulation, capacity-building measures, and clear delineation of permissible activities would go a long way in harmonising interests".
Time of India
03-05-2025
- Business
- Time of India
Rs 15 crore endowment establishes Cyril Shroff Centre for AI, Law & Regulation at Jindal Global Law School
O.P. Jindal Global University (JGU) has announced the establishment of the Cyril Shroff Centre for AI , Law & Regulation at its Jindal Global Law School (JGLS), marking a historic milestone for legal education and technology policy in India. The Centre is being launched with a landmark endowment of ₹15 crore from Cyril Shroff, founder and managing partner of Cyril Amarchand Mangaldas (CAM), a leading law firm. Shroff emphasised the significance of this initiative, stating: "Artificial Intelligence is no longer a futuristic idea-it is here, deeply embedded in the way we live, work, and govern. India has an opportunity to take a leadership role in the development of ethical frameworks for policy and regulation of AI and digital technologies. I am delighted to support the establishment of the Cyril Shroff Centre for AI, Law & Regulation at Jindal Global Law School. This Centre will be a platform for thought leadership, rigorous research, and policy engagement, helping India craft a balanced, ethical, and forward-looking regulatory framework for AI." The signing of the Memorandum of Understanding (MoU) took place during CAM's 10th anniversary celebration in Mumbai, building on the 108-year legacy of the Amarchand Mangaldas family. This Centre will be India's first dedicated Centre of Excellence with a focus on the complex intersection of AI, law, policy and regulation. It will lead national and international efforts to understand and regulate AI's transformative impact on our societies, said the university. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Bouira: AI guru Andrew Ng recommends: Read These 5 Books And Turn Your Life Aroun... Blinkist: Andrew Ng's Reading List Undo "We are deeply grateful to Cyril Shroff for his visionary support and generous endowment. This Centre will not only strengthen India's capacity for thought leadership in AI governance but will also set new global standards for research, scholarship, and policy engagement in this critical field," it added. The Centre will forge partnerships with Indian agencies such as NITI Aayog, the Ministry of Electronics & IT, RBI, SEBI, and TRAI, as well as international regulators like the OECD, EU AI Act institutions, US FTC, and UK AI Safety Institute. It also plans to collaborate with leading universities including Harvard, Oxford, Stanford, and MIT, and engage with technology leaders like Microsoft, Google, OpenAI, and Meta. Over the next five years, the Centre will launch interdisciplinary research projects, AI-integrated law courses, and executive training programmes. It will develop an AI ethics framework for India, publish policy whitepapers, and host an international AI law summit. The Centre will also establish chair professorships and research grants, and publish scholarly works on AI law and governance.
