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‘Fly-in’ and ‘fly-out’ of foreign lawyers (30 Second Worth Read)

Name of the case - Bar Council Of India V. A.K. Balaji And Ors. AIR 2018 SC 314 : (2018) 3 SCC 104

Date of Judgment – 13 March, 2018

Judges: Justice Adarsh Kumar Goel And Justice Uday Umesh Lalit

Subject and sections involved –  Code of Ethics

Issue :

  1. Whether foreign law firms / lawyers are permitted to practice in India ?

 

Ratio of the case – Foreign lawyers do not have an absolute right to conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration.

 

"In case of a dispute whether a foreign lawyer was limiting himself to “fly in and fly out” on casual basis for the purpose of giving legal advice to their clients in India regarding foreign law or their own system of law and on diverse international legal issues or whether in substance he was doing practice which is prohibited can be determined by the Bar Council of India. However, the Bar Council of India or Union of India will be at liberty to make appropriate Rules in this regard including extending Code of Ethics being applicable even to such cases."