BCI Warns Against Tie-Ups Between Indian and Foreign Law Firms

 

Date:- 21.10.2025

The Bar Council of India (BCI) has warned that any tie-up or collaboration between Indian and foreign law firms or advocates is illegal under the Advocates Act, 1961, as it amounts to the “practice of law” in India. On October 21, 2025, the BCI issued a fresh statement, replacing its earlier press release dated August 6, 2025, which had named specific firms. The earlier statement was withdrawn as per directions given before the Delhi High Court in Atul Sharma v. BCI.

The BCI said foreign law firms are forming “strategic alliances,” “exclusive referral models,” and “joint branding initiatives” with Indian firms to appear as global entities. Such arrangements are not allowed and will be treated as unauthorised practice of law.

If an Indian firm uses the name, logo, or identity of a foreign firm, it will be treated as though the foreign firm is practising Indian law which is prohibited. Referring to Bar Council of India v. A.K. Balaji (2018), the BCI reminded that foreign lawyers cannot practice Indian law, either directly or indirectly, and that the true nature of the activity determines if it is prohibited. Foreign lawyers or firms may only practice foreign or international law in non-litigious matters and only after registration under the BCI Rules for Foreign Lawyers and Law Firms, 2023 (amended 2025). Foreign lawyers cannot appear before Indian courts, tribunals, or authorities, nor can they draft or advise on Indian law transactions.

Under Rule 8(5) of the 2023 Rules, foreign lawyers may appear in international arbitrations held in India only if the dispute involves foreign or international law. If the governing law is Indian law, or if the arbitral tribunal records evidence under oath (as per Section 19(3) of the Arbitration and Conciliation Act, 1996), foreign lawyers cannot participate in any form. The BCI has already sent show-cause notices to several entities suspected of such collaborations and warned that non-compliance may lead to suspension, reprimand, or removal from practice.

The BCI stated that media campaigns, joint announcements, or launch events showcasing such alliances amount to illegal solicitation and advertising, violating professional conduct rules. Law firms can only publish basic details like their name, address, contact info, and practice areas. Announcing mergers or collaborations with foreign firms will invite action. Indian lawyers or partners facilitating these tie-ups may be held jointly and severally liable under the Advocates Act if the arrangement results in practising Indian law illegally.

Foreign lawyers can participate only on foreign law issues in an international arbitration seated in India, and only if no evidence is recorded on oath and Indian law is not applied.

The BCI said it supports a liberal but transparent regime for foreign lawyers. They may register to advise on foreign and international law, but cannot operate under unified brands or integrated global platforms with Indian firms.

 

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