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š®š³ India (slightly) opens its doors
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India's legal market might finally open up to UK law firms. The Bar Council of India is planning to change regulations by the end of July, allowing these firms to set up offices in India and advise both Indian and non-Indian clients. This could create new opportunities, though there are still some hurdles, like high fees, administrative challenges, plus opposition from Indian lawyers.
EDITORāS RAMBLE š£
Itās election year in the UK across half the world!
About 49% of the globe will be impacted by this yearās electionsšļø
But this week itās the UKās turn.
So, hereās a rundown of what the experts are saying about the financial impact of the election (learn this to impress your mates).
š“ Labour will probably win: Polls suggest the opposition Labour Party will win by a big margin. Their main pledges are: boost economic growth, keep spending tight, rein in debt, build new homes, upgrade infrastructure.
š Itās a positive for financial markets: JPMorgan (the US investment bank) views a Labour victory as a ānet positiveā for financial markets. They think banks, homebuilders and grocers will benefit.
š” Some businesses (like energy) donāt want Labour: Labourās plans are to nationalise the rail network, increase taxes on energy firms, increase regulation for water companies, push for more spending on green energy infrastructure.
š· Itāll probably be good for the British Pound: The Japanese investment firm MUFG predicts the British pound could be the biggest market winner if Labour wins. Why? The end of the Conservative Party's unstable tenure, plus potential for improved UK-EU relations post-Brexit.
See? Youāre like an economic genius now.
Idin
P.S. there was a slight tech issue at LittleLaw HQ last wee, so some of you didnāt get the newsletter in your inbox. Hereās a link if you want to read it (it was a banger).
FEATURED REPORT š°
š®š³ India (slightly) opens its doors
Credit: Giphy
What's going on here?
Indiaās notoriously closed legal market might finally be opening up to UK law firms.
The Bar Council of India had discussions this Thursday with the Law Society and Bar Council of England and Wales. It seems India will change its regulations by the end of July, making it easier for UK law firms to enter into the Indian legal market.
Have foreign law firms ever been able to practice in India?
So, Indiaās Advocates Act 1961 and a 2009 Bombay High Court ruling meant foreign law firms could not get involved in litigation or corporate advisory work in India for ten years
A 2019 ruling by the Indian Supreme Court made things more relaxed ā it allowed foreign lawyers to operate in India but only on a fly-in, fly-out basis (i.e. offering consultancy services in India for up to 60 days in any calendar year).
Law firms have got creative to access the Indian market. For example, Dentons combined with the Indian firm Link Legal in 2022. Link Legal lawyers represent Dentonsā clients inside India, while Dentons represents Link Legalās clients in other jurisdictions.
Despite the ban, foreign law firms have still been advising Indian businesses from overseas, particularly from bases in Singapore or Hong Kong.
What were these discussions with the Law Society?
In March 2023, the Bar Council of India (BCI) issued a press release saying foreign law firms will be allowed to set up offices in India to appear as arbitrators or advise clients on the international elements of corporate work.
However, they clarified things a few days later, stating that when foreign law firms are operating in India, theyāll only be restricted to advising non-Indian clients on India-related matters. This wasnāt really a big change from how things were anyway ā international firms already do this from offices outside of India.
The Law Society raised this during discussions and the BCI agreed to allow law firms to advise Indian clients, as well as non-Indian clients, from Indian offices (but the final draft of this regulation hasnāt been published yet).
So, itās smooth sailing from here?
Well, not exactly.
š” Indian lawyers arenāt happy: A group of Indian lawyers have filed a challenge to this legislation in the Delhi High Court.
They argue the legal profession should not ābe taken over by foreign market forces.ā The BCI doesnāt think this case will stop the new regulations, but challenges like this could delay things.
šø Foreign law firms will have to pay: According to the draft regulations, the fees for foreign law firms and individuals seeking to establish a practice in India are $50,000 for a foreign firm and $25,000 for a foreign lawyer. In comparison, an Indian firm would have to pay around Ā£2,000 to set up in England. The Law Society raised this and the BCI said it would consider reducing the fee.
šļø Thereās a lot of admin: Foreign law firms looking to open an office in India could have to deal with 4 separate administrative bodies:
the foreign law firmās home authority,
the foreign law firmās home government,
the Indian government, and
the BCI.
Why should law firms care?
India is a *huge* market ā itās the worldās fifth largest economy (and on track to be the third largest by 2028).
With fast economic growth comes mergers, acquisitions and companies going public ā all work which international law firms are well placed to help with (they have strong existing corporate and financing expertise).
There are three cities which seem obvious targets for opening offices:
Bengaluru ā the āSilicon Valley of Indiaā, the worldās fastest growing tech hub,
Mumbai ā Indiaās financial centre, and home to the central bank, and
Delhi ā the centre of the governmentās operations.
Some international law firms are already well integrated with the Indian market. For example, Baker McKenzie has 300 lawyers across 40 countries working on India-related matters. Herbert Smith Freehills has advised Indian client Bharti Global on a $1 billion commitment to rescue OneWeb, a distressed satellite company.
For these firms, if the regulations are implemented, theyāll be able to take advantage of their existing relationships to grow more in the region.
Others might wait to see how it plays out for those already integrated before jumping in.
Credit: Laura White
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A BIT OF FUN š
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As more firms are adopting tech (like the Leya story), Iām curious about adding more legal tech stuff to LittleLaw.
What do you think? šļø
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