Crime Today News
Chief Justice of India BR Gavai has appreciated the Bar Council of India (BCI) for permitting foreign lawyers and law firms to handle international commercial arbitration and non-litigious matters in India, saying that the move would have a positive impact on resolution of international commercial disputes.
Speaking at the International Conference on Arbitrating Indo-UK Disputes, organised by the Indian Council of Arbitration (ICA) in London, CJI Gavai said the decision would provide a pathway to introduce global best practices in the Indian arbitration ecosystem and increase the overall quality of arbitration in India.
As the business and legal communities in India and the UK were increasingly getting interconnected, this strong camaraderie would make them well-positioned to foster the expansion of the arbitration ecosystem in both countries in the near future, he noted.
On May 14, 2025, BCI notified the rules for the registration and regulation of foreign lawyers and law firms in India. As per the rules, foreign lawyers would be restricted to non-litigious matters, where cases were not taken to courts for resolution, involving foreign law, international law, and arbitration, particularly in the context of cross-border transactions and international disputes.
Noting that the new BCI rules permitted foreign lawyers to participate in international commercial arbitration conducted in India, provided such arbitration involved foreign or international law, the CJI said the step would promote India as a viable destination for international arbitration without compromising the rights of Indian legal professionals.
Noting that the country has continuously aspired to become a hub of international arbitration by building a progressive legislative framework, a pro-enforcement judiciary and robust institutional support, the CJI observed that in order to make India a leading hub for international commercial arbitration, it was important to give the international arbitration community access to high-quality, independent and impartial arbitrators.
There was huge potential for Indian lawyers to become arbitrators since they were in demand across the globe, he said, adding that the establishment of international arbitration centres in both India and the UK was a highly encouraging development for the resolution of commercial disputes.
The CJI further said that India has witnessed the establishment of several arbitration institutions such as the Delhi International Arbitration Centre (DIAC), Mumbai Centre for International Arbitration (MCIA), India Arbitration and Mediation Centre in Hyderabad (IAMCH), and the Nani Palkhiwala Centre for International Arbitration.
Speaking about the emergence of hybrid dispute resolution methods involving both arbitration and mediation, instead of standalone arbitration, the CJI said the Government of India established the India International Arbitration Centre in New Delhi, an autonomous institution in 2019, for the purpose.
The CJI further said that the synergy between the two nations, rooted in a shared legal heritage and mutual economic interest, presented a unique opportunity to build a robust, efficient, and globally respected arbitration ecosystem. India’s evolving arbitration framework reflected a strong commitment to align with international best practices, promoting institutional arbitration, and ensuring judicial support that was facilitative rather than interventionist, he added.
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