CJI BR Gavai Welcomes BCI's Decision On Foreign Lawyers' Entry, Says It'll Improve Indian Arbitration Ecosystem

Chief Justice of India BR Gavai hailed the recent decision taken by the Bar Council of India to allow foreign lawyers and law firms to handle non-litigious matters and international commercial arbitration in India, saying that it will improve the overall quality of Indian arbitration ecosystem.

CJI said that this decision is "going to positively affect the resolution of international commercial disputes."

On 14 May 2025, the Bar Council of India notified the rules for the registration and regulation of foreign lawyers and law firms in India. The rules make it clear that foreign lawyers will be restricted to non-litigious matters, where cases are not taken to courts for resolution, involving foreign law, international law, and arbitration, particularly in the context of cross-border transactions and international disputes.

Speaking at the International Conference on Arbitrating Indo-UK Disputes, organised by the Indian Council of Arbitration (ICA) in London, CJI Gavai said that the BCI's decision will improve the Indian arbitration ecosystem.

"The decision of the Bar Council of India will provide a pathway to introduce global best practices in the Indian arbitration ecosystem which will be effective in increasing the overall quality of arbitration in India. As the business and legal communities in India and the UK grow increasingly interconnected, this strong camaraderie is well-positioned to foster the expansion of the arbitration ecosystem in both countries in the near future."

CJI Gavai added that the BCI's decision to restrict foreign lawyers to international commercial arbitration also ensured that the rights of Indian legal professionals are not compromised.

"The Bar Council of India further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals," he said.

For India to become a leading hub for international commercial arbitration, CJI said that the international arbitration community must have access to high-quality, independent and impartial arbitrators. He opined that there is huge potential for Indian lawyers to become arbitrators who are in demand across the globe. 

In this regard, CJI also commented that the establishment of international arbitration centres in both India and the UK is a highly encouraging development for the resolution of commercial disputes.

"Speaking as the Chief Justice of India, I state that India has continuously aspired to become a hub of international arbitration by building a progressive legislative framework, a pro-enforcement judiciary and robust institutional support," CJI Gavai said.

He 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, etc. In 2019, the Government of India established the India International Arbitration Centre in New Delhi, which is an autonomous institution.

He also noted the emergence of "hybrid dispute resolution methods", involving both arbitration and mediation, instead of standalone arbitration.

CJI said that both India and the UK can learn from each other's best practices.

"It can be said that the synergy between our two nations, rooted in a shared legal heritage and mutual economic interest, presents a unique opportunity to build a robust, efficient, and globally respected arbitration ecosystem. India's evolving arbitration framework reflects a strong commitment to aligning with international best practices, promoting institutional arbitration, and ensuring judicial support that is facilitative rather than interventionist," CJI said.

Lord Michael Briggs, Judge of the UK Supreme Court and Arjun Ram Meghwal, Union Minister of State for Law and Justice, also spoke at the event.