It is pointed out that if an interpretation is given to prohibit practice of foreign law by a foreign law firms within India, it would result in a manifestly absurd situation wherein only Indian citizens with Indian Law degree who are enrolled as an advocate under the Advocates Act could practice foreign law, when the fact remains that foreign laws are not taught at graduate level in Indian Law schools, except Comparative Law Degree Courses at the Master's level.
It was contended that the Act does not contain any penal provisions for breaches committed by a person practicing in nonlitigious matter and, therefore, the Act cannot apply to persons practising in nonlitigious matters.
Referring to the Arbitration Act, it was submitted that international commercial arbitration is defined under Section 2 f which covers arbitration relating to disputes where one of the parties is a national or habitual resident of a country other than India or a body corporate incorporated outside India or an association of body of individuals whose management and control is exercised in a country other than India or a Government of a foreign country.
In any event, the fundamental question to be considered herein is, whether the foreign law firms namely respondent Nos.
Section 33 of the Act is a prohibitory section in the sense that it debars any person from appearing before any Court or authority unless he is enrolled as an advocate under the Act.
Under the Advocates Act the Acta foreigner is not entitled to practice in India in view of bar contained in Section Poovayya referred to Rules of the Indian Council of Arbitration which could apply only if there was an agreement between the parties that the arbitration was to be in accordance with the Rules of the Indian Council of Arbitration.
However, 5 See, for example, art 42 of the Statute of the International Court of Justice which states: According to the learned counsel, many arbitrations with Indian Judges and Lawyers as Arbitrators are held outside India, where both foreign and Indian law firms advise their clients.
If foreign law firms are denied entry to deal 6 with arbitrations in India, then India will lose many of the arbitrations to Singapore, Paris and London. B Degree awarded by the University of Zambia for the purpose of enrolment as advocates.
On account of the growth in the international trade and commerce and also on account of long delays occurring in the disposal of suits and appeals in courts, there has been tremendous movement towards the resolution of disputes through alternative forum of arbitrators. The parties may appear in person or through duly authorized representatives.
It was submitted that practice of foreign lawyers in India should be subject to regulatory powers of the Bar Council.
This committee make recommendations to the BCI on matters related to legal education and sets standards of legal education, visits and inspects universities, recommend the pre requisites for foreign advocates practicing law in India, recommend recognition or discontinuance of a law degree from a university etc.
The exceptions are provided under the proviso to Section 24 1 aSection 24 1 c iv and Section 47 2. B Degree of the Hull University, U. Fortunately the court stated that the rule did not apply in international arbitration.
He did not give any advice as to New York law. You may attend oral coaching classes conducted during specified periods. What is involved is the rendering of advice and assistance in obtaining extensions of credit and compromises of indebtedness.
After its formation, at any time, the arbitral Tribunal may order any party to provide similar proof or confirmation in any form considers appropriate. Before dealing with the rival contentions on the above question, we may quote Sections 29, 30, 33 and 35 of the Act, which read thus: The California Rules of Court were modified in in order to permit any US qualified lawyer to represent a party in an arbitration r.
You will have check with the concerned colleges that you intend to apply for after deciding on the course about what qualifying exam scores they will accept. The objective of these courses is to help professionals to gain knowledge in various legal aspects, which they may have to deal in their sphere of work.
Aug 25, · 31 Mar The Bar Council of India (BCI) has sought debarment of lawyer-MPs from appearing before judges of the Supreme Court and high courts, whose impeachment they seek.
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