Chief Justice of India BR Gavai has endorsed the Bar Council of India’s (BCI) recent decision to allow foreign lawyers and law firms to practise foreign law in India, calling it a key reform to improve the quality of international arbitration in the country.
Delivering the keynote address at the 3rd edition of the International Conference on Arbitrating Indo-UK Commercial Disputes in London, CJI Gavai said the move will introduce global best practices into the Indian arbitration ecosystem.
CJI Gavai Backs BCI’s Move For Legal Foreign Legal Expertise
On May 14, 2025, the BCI issued revised regulations for the registration and regulation of foreign lawyers and law firms in India.
The updated rules allow foreign legal professionals to practise only in non-litigious matters, such as advisory work involving foreign or international law and arbitration, particularly in cross-border commercial disputes.
“The Bar Council has clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law,” CJI Gavai said. “This will promote India as a viable arbitration destination without affecting the rights of Indian legal professionals.”
Reforms To Attract Global Arbitration
CJI Gavai noted that before this amendment, foreign law firms were prohibited from practising in India unless they complied with conditions under the Advocates Act, 1961.
He said the BCI’s decision will help align India’s arbitration ecosystem with global standards while preserving the exclusive right of Indian advocates to practise Indian law.
“The decision creates a pathway to introduce international expertise that will enhance arbitration quality across the board,” he said. “As India and the UK’s legal and business ties grow stronger, this reform will support the expansion of arbitration in both countries.”
The Chief Justice also emphasised the need for India to develop a strong pool of independent and impartial arbitrators.
He said this is essential for the country to be recognised as a leading global arbitration centre.
“For India to emerge as a global hub, it must ensure access to high-quality arbitrators, both in practice and in perception,” Gavai said. “Indian lawyers have the potential to become globally sought-after arbitrators, though that potential remains largely untapped.”
BCI’s Chairman Outlines Scope And Limits Of New Rules
Bar Council of India Chairman Manan Kumar Mishra, in his May 14 announcement, clarified that the revised rules allow foreign lawyers to advise on foreign law and take part in international arbitration within India.
However, they remain barred from practising Indian law or appearing before Indian courts, tribunals, or statutory bodies.
“These reforms aim to elevate India’s position as a preferred destination for international arbitration, while protecting the core rights of Indian advocates under the Advocates Act,” the BCI said in a statement.
Also Read: India-UK Arbitration Ties Deepen Following FTA, Says CJI Gavai
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