 ہی باہ کانڈسل اگر ہی بیشتا ہے۔ ہمیں بیشتا ہے سب کنی اشیدہ اور حیث رفارم کو بہت ایک نوٹفکیشن نے باتوں کو بیشتا ہے اور بھی انڈین گیٹس کے لیے پیشت لیے سب کارکتس ہے۔ بہت کارنے اور لیے سب کارنے کارنے کی بہت کارنے گرام� امام آرائے گے آگی ان پر بیلے کیا ہے ان پر بیلے کے نام کے لئے کھوکنان کھوکنان کے بیلے کیا ہے کھوکنان کے لئے کھوکنان کے لئے کمہاؤلد کرتے ہیں بہت نہیں میکسیگر میں بھی اپنے قرار کے سامے اندیال میں아아 دیا اور پرکال ہے جس سے آپ myeng نام اور اپنےarbeiten اکتفایر کی مجھا ہے لیکن یہ وہ بہت ایک بات سام والے قادم اور کمی پen دیتے ہیں لیکن یہ کامی کے لیمت سائی ہوئے لیانا یہ لگہ یہسیہ جو ایسا اگر یہاں امامی جو ایسا ایک بات سام، لیکن وہ ایک بات سام اور سام۔ کہ ایسا بہت اپسال میہ ایک ب misma سام آرائی امامی فیانیہ جو ایک قادم ہیں اہم انکرینی ہمیں برینک سی Subsٹ میکسٹ بڑا سی ایک بہت بھی بہت مہاملی کی سرشہ اور حقیصانے جانتے ہیں جب میں بہت مقام دیتے ہیں جو بہت بہت بہت ہی احتماء امامرہ اگر ایک حکم ماری از ہی ایٹمٹ یا اب ایک ہی ایٹمٹ اور مجھے مقام ایک ایٹمٹ بہت بہت بہت بہت بہت بہت بہت بہت بہت بہت بہت بہت بہت ایٹمٹ ہم آپ کو بہت رکھا تھا۔ انہوں نے ہم اہمیت سی پر کاملیم اندیہ اور آپ کو ب this پرمانیل کے اہمیت بہت سامسوندر اندیہ کا اہمیت بہت رکھا تھا، now let me tell you about the key provisions of this notification and then you can decide on your own about its merits and feasibility اور whether it will attract foreign lawyers and foreign law firms or not. Side by side, I will try to give my perspective also on some of the key provisions. If you get the occasion to read the notification, you will find that the objects and reasons contained therein are very extensive and comprehensive. There is an attempt to justify the bringing about of these reforms. The justification is as big as the rules obviously because the majority of lawyers at one point in time were up in arms against the entry of foreign lawyers and law firms into India. Even the bar council of India confesses in this notification that it was initially opposing the entry of foreign lawyers and foreign law firms in India. In any form, the justification behind these rules is based on three factors. One, several judicial precedents including the judgement dated 13th March 2018 of the Indian Supreme Court. The globalization of trade commerce and services and interaction with the law society and the bar council of England and Wales. The concluding part of the objects and reasons clause says that taking an all-inclusive view, the bar council of India resolves to implement these rules enabling foreign lawyers and foreign law firms to practice foreign law and diverse international law and international arbitration matters in India. On the principle of reciprocity in a well-defined regulated and controlled manner. These are the verbatim words used in the notification. Moving on to the substantive provisions. Under the definition clause, foreign lawyer means a person and includes a law firm as well. Rule 3 is one of the most significant ones. It allows foreign lawyers to practice law in India without getting registered with the bar council of India. Yes, foreign lawyers to practice law in India without getting registered with the bar council of India. Provided one that such practice is done on a fly in and fly out basis to give legal advice to the client in India regarding foreign law firms. And diverse international legal issues. Two, that such expertise or advice of such a foreign lawyer had been sought by the client in a foreign country not in India. Three, the foreign lawyer does not maintain an office in India for such practice. And finally lastly such practice in India for one or more periods does not in the aggregate exceed 60 days in any period of 12 months. This provision is about unregistered foreign lawyers or foreign law firms. Now what happens if a foreign lawyer or a foreign law firm gets registered with the bar council of India. What are the benefits and how does one get registered. Well, let me first discuss the benefits of being a registered foreign lawyer or a foreign law firm in India. Rules 8 and 9 are important in this context. If foreign lawyer registered under the rules shall be entitled to practice law in India in non-litigies matters. Yes, in non-litigation matters. The foreign lawyers or foreign law firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities. Three, they shall be allowed to practice transactional work, corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contract and other related matters. On a reciprocal basis. Yes, they shall not be involved or permitted to do any work about convincing of property, title investigation or other similar works. They will not be allowed to do that. The practice of law by a foreign lawyer and or foreign law firms shall include as per the rules. A, doing work, transacting business, giving advice and opinion concerning the laws of the country of primary qualification. Yes, by country of primary qualification the rules define it to mean a foreign country in which the foreign lawyer is entitled to practice law as per the law of that country. B, they can provide legal expertise, advice and appear as a lawyer in any international arbitration case which is conducted in India. But for a client which is having an address or principal office or head office in a foreign country and in such arbitration case foreign law may or may not be involved. C, they can provide legal expertise, advice and appear as a lawyer for a client who is having an address or principal office or head office in the foreign country. Yes, but they cannot appear before any courts, tribunals, boards, statutory authorities. But they can appear before authorities which are not courts and who are not authorized to take evidence on oath. Yes. Now they can also provide legal expertise, advice concerning the laws of the country of primary qualification and on diverse international legal issues provided that such legal expertise advice unless otherwise is provided in the rules does not include representation or the preparation of documents regarding procedure before an Indian court or tribunal or any authority competent to record evidence on oath or preparation of any documents, petitions etc to be submitted in any of those forums regarding such procedures, they can't do that. So you know whatever I just told you demonstrates that foreign laws can open shops here, offices here but these would be more like project offices for executing foreign projects having nothing to do with the Indian laws or they can let's say set up sales offices for selling and marketing their practices back home in the country of primary qualification to open full fledged office that is not permissible according to me. It does not make I think commercial or business sense for the law firms if they were not to be allowed to do that. Rule 8 says that the advocate who is enrolled with the bar council in India with any state and who is a partner or associate with the foreign law firm registered in India they can take only non-letigious matters and can advise on issues relating to countries other than the Indian laws. Such a lawyer shall have no advantage right of his being an advocate enrolled in India that is recorded in the rules. So basically an Indian advocate joining a foreign law firm in India would in a way lose the power and privilege of his advocacy license. Why would he join and why would anybody take him or her because there is no benefit but I would say there is rather a disqualification attached to an Indian advocate joining a foreign law firm because he will become disabled to practice Indian law. Rule 9 says that the registered foreign lawyer or foreign law firm shall be entitled to open a law office or offices in India for carrying on law practice in India which I had mentioned earlier in the talk these foreign outfits can freely engage and procure legal expertise advised from Indian advocates in India on any subject relating to Indian laws. Now my understanding is that an Indian advocate can advise them on Indian laws only if he or she does not join them as a partner or associate but that arrangement of arms length distance is happening even now. How does this these new set of rules help on the contrary they cause some kind of confusion or disability some clarity is definitely required on the aspect of Indian lawyers joining foreign law firms and those advising from outside. There is lack of clarity on that particular arrangement. Now insofar as the whole process of registration is concerned the whole procedure and requirement of documents appear to be very tedious according to me. The stipulated timeline within which the application of registration may be dealt with cleared approved or declined as the case may be by the bar council. There are no timelines defined. Now as per rule 4 a foreign lawyer or a foreign law firm may apply for registration along with the registration fee and guarantee amount or security deposit. The application shall be accompanied by a set of documents which requirement in my opinion is contrary to the single window clearance regime. The applicant is required to submit a no objection certificate from the government of India ministry of law injustice and ministry of external affairs and trade in India. How are the bar council of India may seek any additional information as well from any departments ministries of any foreign countries. Now this means the involvement of multiple agencies which in a way defeats the whole purpose of reforms. Apart from the above mentioned facts the applicants are required to submit several other certificates from their home country from their government and other competent authorities. And including one such reciprocity baguio pardon certificate to be issued by their government that advocates enrolled under the Indian advocates act 1961 are permitted to practice law in their country. So they need to give a reciprocity certificate also issued by their government. Now in total I calculated the applicant is required to submit 7 certificates and about 5 declarations and undertakings. Further the stipulated fee to be paid at the time of registration is according to me on the higher side which indicates that foreign lawyers only from the west or highly developed nations are welcome or perhaps the idea is to get minimal requests. This kind of fee is not suited for young foreign lawyers or smaller law firms or foreign lawyers belonging to developing nations. This reform will enrich already rich foreign lawyers. The fee plus security deposit ranges between US dollar 40,000 to 90,000 that is 33 to 75 lakhs and interestingly the prescribed fee is in US dollars instead of Indian rupees so I don't know the logic. The registration fee sorry the baguio pardon the registration shall be valid only for 5 years and the foreign lawyer and law firms would be required to renew it by applying for renewal within 6 months before the validity expires. And the process of renewal is as rigorous as the initial registration. Now my take is that this is a much needed reform. It is a step in the right direction undoubtedly but we are still not half way there. The destination is still far though the journey has begun.