The Bar Council of India (BCI) has filed an appeal before the Supreme Court against the decision of the Madras High Court in AK Balaji v. Union of India. BCI’s Standing Counsel in the Supreme Co
The supreme court might be uphold the same.Bcaz foreign lawyers can give opinion on the arbitration proceedings in disputes involving international commercial arbitration only, not other than that.
Yes, it has aptly been observed that foreign lawyers has to registered under the Advocate Act and they can practice under the recoprocity basis.The Indian law is equal before all and all are also equal before law.Till now the Indian lawyers are in position to interpret the law and will remain competent to interpret the same. IF THE COURTS ARE OF THE OPINION TO GET THE expert advice they can send commission or call opinion by appointing commission. Gurinderjit Singh BhatiaLL.M.Advocate
most of it does not have a practical application. foreign lawyers do come to india to handle transactions, advise companies and supervise court cases. Indian lawyers and law firms also go out to advise. So MHC judgment doesnt bring in anything new. The real fight is to establish here and then practice law (foreign or Indian/contentious or non contentious).
So, if I am the promoter/director/CEO of an Indian company which is investing in or acquiring a company in (say) USA - do I necessarily have to travel to New York to get legal advise on US law issues, and cannot call my US law legal advisors to India to give to advise on US Law!!!!
Great! Now the SC will uphold the judgement and the anti-liberalisation lobby will get a huge kick in the ***
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