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Indian court rules backs 'fly-in, fly-out' foreign lawyers
Foreign lawyers will be able to advise on international law and take part in global arbitration while in India on a 'fly in, fly out' bases, the Madras High Court ruled yesterday.
India: foreign lawyers 'fly-in, fly-out'
The decision is a potential landmark in the long-running battle between global lawyers looking to get a share of the Indian legal market, and the local profession, which for the most part is adamantly protectionist.
The Madras ruling came as the court rejected a petition brought by local lawyer AK Balaji, who accused 31 foreign law firms of violating India’s Advocates Act, according to a report on Law.com.
Global heavyweights
Among the 31 firms targeted by the petition were several global heavyweights, including London’s Clifford Chance and two New York firms, White & Case and Davis Polk & Wardwell.
Although the court reiterated that the Act bars foreign firms from opening offices in India, advising on Indian law and appearing in Indian court, it rejected Mr Balaji’s claim that activities such as meeting clients in hotels, hosting seminars and participating in arbitration India should be illegal.
'Absurd situation'
The judges pointed out that many Indian companies require foreign law advice, which Indian lawyers are unable to provide. Ruling in Mr Balaji’s favour, they said, would result in a ‘manifestly absurd situation wherein only Indian citizens with Indian law degrees who are enrolled as an advocate under the Advocates Act could practise foreign law.’
It is unclear as to whether Mr Balaji will appeal the decision to India’s Supreme Court.
The Madras ruling came as the court rejected a petition brought by local lawyer AK Balaji, who accused 31 foreign law firms of violating India’s Advocates Act, according to a report on Law.com.
Global heavyweights
Among the 31 firms targeted by the petition were several global heavyweights, including London’s Clifford Chance and two New York firms, White & Case and Davis Polk & Wardwell.
Although the court reiterated that the Act bars foreign firms from opening offices in India, advising on Indian law and appearing in Indian court, it rejected Mr Balaji’s claim that activities such as meeting clients in hotels, hosting seminars and participating in arbitration India should be illegal.
'Absurd situation'
The judges pointed out that many Indian companies require foreign law advice, which Indian lawyers are unable to provide. Ruling in Mr Balaji’s favour, they said, would result in a ‘manifestly absurd situation wherein only Indian citizens with Indian law degrees who are enrolled as an advocate under the Advocates Act could practise foreign law.’
It is unclear as to whether Mr Balaji will appeal the decision to India’s Supreme Court.
