Chief Justice of India B.R. Gavai, addressing an international audience in London, endorsed the recent move by the Bar Council of India (BCI) to permit foreign law firms and lawyers to practice in India in non-litigious matters. He asserted that the decision would boost India’s emergence as a global centre for international commercial arbitration.
Delivering the keynote speech at the international conference on “Arbitrating Indo-UK Commercial Disputes,” Justice Gavai said, “The recent decision of the Bar Council of India would also positively affect the resolution of international commercial disputes.”
He referred to the BCI’s notification dated May 14, 2025, which introduced the Rules for Registration and Regulation of Foreign Lawyers and Law Firms in India. These rules permit foreign legal practitioners to engage in non-litigious matters — involving foreign law, international law, and arbitration — particularly in cross-border transactions and international disputes.
Justice Gavai clarified that under the new rules, foreign lawyers may participate in international commercial arbitration conducted in India, provided the arbitration involves international or foreign law. “This will promote India as a viable destination for international arbitration without compromising the rights of Indian legal professionals,” he said.
Previously, foreign legal professionals were barred from practicing in India in both litigation and non-litigation capacities unless they complied with the Advocates Act, 1961, and other applicable rules.
Highlighting the broader impact of the reform, the CJI said, “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.”
He emphasised the growing synergy between India and the UK’s business and legal communities, observing that this camaraderie could be instrumental in advancing arbitration frameworks in both countries.
Looking ahead, Justice Gavai stated, “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, both as a matter of fact and of perception.”
He also noted that India holds significant untapped potential in producing globally sought-after arbitrators. “There is huge potential for Indian lawyers to become arbitrators who are in demand across the globe. However, this potential is as yet unrealised,” he said.
The conference focused on cross-border dispute resolution mechanisms and was attended by legal professionals, arbitrators, and judicial dignitaries from both India and the United Kingdom.
