Trust in India as a global arbitration hub will depend on allowing parties to choose their counsel and resolving regulatory uncertainty, Arbitration Bar of India (ABI) President and Senior Advocate Gourab Banerji said on Monday.

He was speaking at a joint event held in Guildhall, London, hosted by the Bar of England and Wales and the ABI on the theme India and the UK – courts, commerce and culture. Along with Banerji, ABI Vice-President Vyapak Desai and Secretary Shashank Garg were also present.

Banerji outlined the progress made in India’s arbitration ecosystem while flagging key remaining gaps. He stressed that party autonomy - particularly the ability to engage counsel of choice - was central to building credibility as an arbitration seat.

“If we are to have this ambition of being a possible global hub, if that is to be credible, we need to permit international parties to bring their counsel of choice. And until we do that, we have some way to go."

Banerji also drew attention to the absence of legal services in the India–UK Free Trade Agreement signed in 2025, calling it a missed opportunity in the broader framework of cooperation.

“We did sign the India-UK FTA in 2025, but there was a huge gap there. Legal services was not included. A little surprising considering that Britain is the second largest exporter of legal services in the world. But we do know why that happened. There is a gap. There is unfinished business,” he noted.

He also took a lighter tone while describing the lack of clarity in the regulatory framework governing foreign lawyers’ participation in India-seated arbitrations, drawing laughter from the audience with a rhyming remark, saying,

“The Bar Council of India Rules, which I will describe as follows from a Harry Belafonte song: It was clear as mud, but it covered the ground, and the confusion made the brain go round.”

Banerji noted that discussions are ongoing between stakeholders to address these issues.

“We are trying. We've had a discussion with the Bar Council of England and Wales. We've had some informal discussions with the Bar Council of India. There is a grey area. We are hoping to get somewhere."

Also speaking at the event, Chair of the Bar Council of England and Wales Kirsty Brimelow said that they have been in talks with Indian regulators to restore limited access for foreign lawyers through a “fly-in fly-out” model.

“We have been in continued discussions with the Bar Council of India to restore the ability of England and Wales barristers and other international advocates to participate in arbitrations in India on a fly-in fly-out basis,” she said.

She emphasised that such participation is intended to complement Indian legal teams rather than compete with them, in line with arbitration’s principle of party autonomy.

Brimelow also highlighted the wider economic benefits of liberalising such arrangements, noting that legal services can have spillover effects on other sectors.

“The reciprocal offering of fly-in fly-out legal services also benefits...other sectors of local economies, including, of course, the hospitality sector and also the tourism sector,” she observed.

Expressing hope that the current restrictions would be eased through continued engagement, Brimelow said,

“I hope that the current impediments to the fly-in fly-out arbitration for barristers in England and Wales will be removed and I look forward to continuing that dialogue with the Bar Council of India.”

The event concluded with a fireside chat featuring historian William Dalrymple. He spoke about India’s long history as a centre of global trade and cultural exchange. He traced the spread of ideas, religion and mathematics through trade networks and reflected on the rise of corporate power through the example of the East India Company.

Dalrymple drew parallels with modern multinational corporations, noting that companies today can wield significant influence over markets, policy and governments through finance, lobbying and global operations.

The discussion tied into the broader theme of the evening of courts, commerce and culture, highlighting the intersection of legal systems, economic exchange and historical influence in shaping international arbitration today.