Bar & Bench News Network
The case of A.K. Balaji against foreign law firms was listed before the Madras High Court today. Chief Justice M. Yusuf Eqbal and Justice T.S. Sivagnanam have adjourned the case regarding the foreign law firms to 5 October, 2010. During the last hearing, two weeks was granted by the Madras High Court, which had asked the Bar Council to list out steps that have been taken to regulate the entry of foreign law firms.
Senior Advocate, Abhishek Manu Singhvi presented detailed submissions before Chief Justice M. Yusuf Eqbal and Justice T.S. Sivagnanam. Singhvi argued that a larger framework is necessary to regulate foreign law firms in India and the Bar Council is meeting over the weekend to decide on the course of action to regulate foreign law firms. Singhvi also stressed on the issue that his clients (foreign law firms) do not practice Indian law and only advice on foreign legal issues with respect to foreign investment into India, which is not against the law. Abhishek Singhvi also argued that India is a seat of Arbitration under the Arbitration and Conciliation Act and it is only natural that foreign law firms represent their clients during arbitration proceedings in India. "Any adverse order will have disastrous consequences” he argued.
Advocate Rishikumar Suchindran from Chennai is acting for Integreon (R 15), the only legal process outsourcing company.
Herbert Smith (R 22) and Norton Rose LLP (R 29) are being represented by HSB Partners, Chennai. Partner T.K. Bhaskar is leading the team at HSB who is briefing Senior Counsel R. Krishnamurthy. Australian firms Freehills (R 36) and Clayton Utz (R 37) are being represented by the Law offices of Mr. Natarajan. Speaking to Bar & Bench Mr. Natarajan said, “The Bench heard the arguments of Senior Counsel Abhishek Manu Singhvi and was convinced that the matter be heard after the Bar Council takes a policy decision on this issue”.
The Bar Council of India (BCI) will be deciding on the stance of foreign law firms and its entry into India. The BCI is going to formulate guidelines and will come to its decision during this weekend i.e. August 22-23.
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- 1. "ENOUGH IS ENOUGH!! We want foreign law firms NOW!!". Rex, Mumbai
- 2. "Owners of the firm fear that they will have to pay UK level salary to Indian associates and won't make more than enough profit they already make. It is time that the associates and junior partners of Indian law firms unite and push the agenda. It is important for India's global image as well as future growth.". Say Yes To Foreign Law Firms, London
- 3. "I cant believe that people are asking foreign law firms to enter when there is so much work for the INdian law firms to do. Foreign law firms make people as their slaves and impose very difficult working hours. My brother who used to work in a foreign law firm had a burn out because of some irrational policies of these firms. Also, foreign law firms will only create disparity between the existing legal community. Therefore we should protest against the entry of foreign law firms in india. ". Say NO NO NO To Foreign Law Firms, Delhi
- 4. "It is a natural course of progression to allow foreign law firms into India. There was a time when certain aspects of the profession needed to be protected. Now it is essential that foreign law firms be allowed to enter into India, especially in the corporate field. I don't see an alternative to this in the long run.". Yudhist Singh, New Delhi
- 5. "We must yes to foreign law firms, the very day they permit us to practise in their territories.". Lone Wolf, Bangalore
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The Viewpoint - Market Structure and Competitive Bidding
Jan 31, 2012 | Bar & Bench brings to you the seventh article on 'The Viewpoint' series with its Knowledge Partner J. Sagar Associates. JSA Partners Amit Kapur and Vishnu Sudarsan analyse the recent judgment of Appellate Tribunal for Electricity in the Essar Power case which has clarified the position re. competitive procurement of power. comments (0)










