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Supreme Court of India 2018-03-13 disposed

Bar Council of India vs A.K. Balaji and Ors

Bench: 2 — Adarsh Kumar Goel

In Brief

This case addresses whether foreign law firms and lawyers can practice law in India. The Supreme Court held that the Advocates Act, 1961 prohibits both litigation and non-litigation practice by unregistered foreign law firms and lawyers. However, foreign lawyers may make casual 'fly-in fly-out' visits to advise on foreign law if not amounting to regular practice. Foreign lawyers may conduct international commercial arbitration proceedings if governed by institutional rules or the Arbitration Act, but must follow applicable professional codes of conduct. BPO companies providing services do not violate the Act only if their activities do not substantially amount to practicing law. The Court upheld regulatory oversight by the Bar Council of India over all such activities.

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