Bar Council forms high-level panel led by Cyril Shroff to examine foreign law firm rules

The Bar Council of India (BCI) has constituted a high-level committee chaired by Cyril Shroff, Managing Partner of Cyril Amarchand Mangaldas, to examine concerns around the recently notified rules on the entry and operation of foreign lawyers and law firms in India.

The committee will include senior figures from India’s top law firms including Ajay Bahl (AZB & Partners), Suhail Nathani (Economic Laws Practice), Sandip Bhagat (S&R Associates), Mahesh Agarwal (Agarwal Law Associates), and Amit Kapur (JSA). The BCI’s Principal Secretary, Srimanto Sen, will serve as the convenor, while BCI Chairman Manan Kumar Mishra will act as a special invitee.

In March 2023, the BCI had notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, enabling limited entry of foreign legal practitioners to advise on foreign and international law in a non-litigious capacity. However, the rules barred them from practicing Indian law directly or indirectly, aligning with the principle that law is a fiduciary and ethical profession, not a commercial trade.

Finally, in May 2025, the BCI amended these 2022 rules to permit foreign entities to practice foreign and international law, particularly in arbitration and cross-border matters, while explicitly prohibiting them from engaging in Indian law or court appearances.

The council asserted that the rules are grounded in reciprocity, intending to benefit Indian lawyers by opening pathways to foreign legal markets.

However, concerns remain. As reported by Fortune India earlier, experts have highlighted ambiguities in implementation, such as unclear registration procedures and operational norms. Additionally, without assured reciprocity, Indian law firms, especially smaller ones, risk being overshadowed by powerful global firms. Experts flag ethical, compliance, and competitive concerns, particularly around advertising norms and talent poaching.

Following these concerns raised by a few Indian law firms regarding possible circumvention of these restrictions and competitive disadvantages during the transition, the BCI has tasked the committee to examine and propose safeguards and enabling measures.

The committee’s scope includes evaluating whether the rules are being implemented as intended, recommending measures to prevent foreign entities from using alliances or referrals to bypass Indian law restrictions, and proposing ways to support Indian law firms in areas such as training, technology, and firm structure. It will also explore reforms needed to ensure a level playing field, such as parity in access to capital and operational flexibility.

The BCI has clarified that the committee is not meant to stay or alter the rules but to engage stakeholders and enhance clarity in their application. Consultations with law firms are expected, and the final report is due within 30-40 days. A broader meeting with Indian and foreign law firms is tentatively planned for August 2025.