On Monday foreign law firms had asked the Apex Court to allow them to operate in India and to open their offices here. This was because our country is emerging as a top terminuses for many MNC’s and corporate disputes are also increasing. Few international law firms appeared before Justices Kurian Joseph and Justices A R Dave and appealed that they must be permitted to practice in the country and their limitations on their access must be removed.
Two American law firms was represented by Abhishek Manu Singhvi senior advocate wherein he told the court that in the era of globalisation excluding these foreign law firms will not serve any purpose and he further contended that as MNC’s had no restrictions to enter our market, law firms should also be permitted. Indian lawyers were given permit to practice in foreign nations and so it will not be a justification to keep them away in our nation.
When many big foreign companies are investing in this era of globalisation, there is no reason what these law firms cannot be permitted in our country. Global Indian Lawyers a registered society of advocates have said that restrictions on permit to foreign firms to open their office in our country was not logical and wrong too. They had challenged the verdict of Bombay High Court in 2009 wherein it had suppressed the Reserve Bank of India’s decision to allow few foreign law firms to start their office here. Bombay High Court had said that these foreign law firms had to enrol under Advocates Act as an advocate in the country before carrying out their business.
Apex court has agreed to check this matter after considering the responses from Centre and Bar Council of India who are against the entry of foreign law firms as they contended that these foreign lawyers could not even contest in any conferences or any seminars in the country. BCI have filed an affidavit in another matter on the same issue where they said that practice of law will not mean just to render professional service in the nation.
by Sushma Javare.