The Indian Bar Association (BCI) has identified “unauthorized, unregistered and inadmissible cooperation” between Indian and foreign legal companies without complying with specific registration processes ordered by the highest legal practice and regulation of education.
The recent pact between the global law firm CMS and one of the Indian law firms of Indus Induslaw got under the lens of the BCI and the regulatory body issued the demonstration entity.
“BCI with serious concern noted that some foreign legal companies in cooperation with Indian legal companies are adhered to as unified or integrated platforms for global legal services… The Council confirms that such structures, if carried out and operated without previous registration, said In India, the rules for the registration and regulation of foreign lawyers and on Monday.
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The Council raised its concerns that these contracts are often structured through “Swiss Vereins, Strategic Alliances, Exclusive Recommendations or Initiatives of Common Brands, which are then publicly promoted in combined identities, showing clients and public generally integrated legal practice across jurisdiction, including India.”
Vereins Swiss is a type of legal partnership that allows two companies to work under one brand but maintains a separate financial and legal identity.
CMS Induslaw was one such alliance created about three months ago, which BCI mentioned in his statement. The agreement was focused on increasing Induslaw’s international reach and at the same time to provide CMS on a market that prohibits foreign law players to practice Indian law or engage in litigation in local courts. Joint subject – CMS Induslaw – Bounted out of 6,800 lawyers in 45 countries, of which 1,400 partners in a global company.
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Attorney Siddharth Chandrashekhar, an advisor to the Supreme Court in Mumbai, said: “While the Indian Bar Association is right to discourage the entry practices that are clearly contrary to its regulations, such measures may also unintentionally prevent real cross -border cooperation.”
By the way, just before the merger announcement, the BCI announced the amended rules that allow foreign lawyers and law firm in India limited. The rules clarify that foreign lawyers will be limited to non-nigant affairs, including foreign law, international law and arbitration-especially in connection with cross-border transactions and international disputes.
To ensure supervision and restrictions of disproportionate competition BCI introduced strict requirements for registration and restoration of foreign entities. These include legal qualification documentation, non-refinement certificate and formal statement of compliance.
The Council is not satisfied with the merger data and emphasized that the CMS Induslaw and the Dentons Link Legal seem to be dealing with the leadership of “violations of valid Indian legal and regulatory frames”. The Dentons Global Law firm announced its combination with the Indian Link in 2022.
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BCI issued the entities and individuals involved in the above -mentioned measures’ “separate” notification of causes of cause “and stressed that the inability to provide details of the arrangement, etc. attracts fines.
This inspection comes at a time when the local legal industry is divided into how the new BCI rules concerning foreign legal companies will affect their practices. The Council has introduced the reciprocity model that enabled Indian lawyers and companies to register as foreign law doctors abroad, expanding its global track without giving up the right to practice Indian law at home.
(Tagstotranslate) Indian Bar Association (T) Foreign Legal Companies (T) CMS Induslaw (T) Platforms for Legal Services (T) Processes of Registration (T)
