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ARTICLE · 22 MARCH 2018

Foreign Lawyers Allowed To Practice Foreign Laws On Casual Visits To India

Supreme Court allows foreign lawyers to give legal advice on foreign law involving diverse international legal issues on "casual" visits to India ...

IndiaLitigation, Mediation & Arbitration
  • Supreme Court allows foreign lawyers to give legal advice on foreign law involving diverse international legal issues on "casual" visits to India;
  • Court holds that 'fly in fly out' may amount to practice if it is on a frequent basis. Further, casual visits may not be 'practice of law' and whether a visit is casual or frequent would depend on facts of each case. Bar Council or Union of India at liberty to frame appropriate rules.
  • Supreme Court holds that "practice of law" includes not only appearance in courts but also giving of opinion, drafting of instruments, participation in conferences involving legal discussion;
  • Foreign lawyers may not be debarred from conducting arbitration proceedings in India. Specifically, in relation to international commercial arbitration, they may be governed by the code of conduct applicable to the legal profession in India.

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