Ashling O'Connor in Bombay and James Rossiter
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Britain’s multibillion-pound legal profession is about to profit from a landmark change in India that will allow foreign law firms to set up shop there for the first time.
Senior Indian ministers told a City of London delegation led by the Lord Mayor this week that they would push through a parliamentary Bill allowing foreign firms to set up local operations by the end of the year.
Stuart Popham, the senior partner of Clifford Chance, the largest law firm in the world, which has annual revenues in excess of £1 billion, told The Times that a relaxation of the foreign lawyer rules would prompt him to act as soon as possible to establish a presence in India. Bombay has fast become a huge financial centre, where most of the world’s big investment banks have a presence. Opening the market-place to foreign law firms would accelerate its transformation into a global trading hub.
The Indian Government estimates that it must spend $320 billion (£160 billion) on infrastructure in the next five years to sustain economic growth of about 9 per cent a year. Analysts put the figure closer to $500 billion. These projects, mainly private-public partnerships, will require legal servicing but at present they are off limits to foreign lawyers on the ground in India, thanks to the Advocates Act, a 45-year-old law that restricts the profession to Indian advocates.
Indian lawyers, on the other hand, can practise in the UK.
A flood of cross-border corporate deals, including the $18 billion takeover of the mobile phone operator Hutchison Essar by Vodafone this year, is overwhelming local legal capacity in India.
Herbert Smith had to handle all its legal work for Tata’s £6.6 billion takeover of Corus from London.
John Stuttard, the Lord Mayor of London, said: “In London you can come in and buy anything. This freedom to move capital in and out results in efficiency and innovation. If Mumbai [Bombay] wants to be a successful international financial centre, it has to be totally open. Within the domestic market there is competition, but there are still closed shops.”
Allen & Overy, another of London’s leading global law firms, is also eager to establish its franchise in India as soon as the barriers come down.
Alex Pease, the chairman of A&O’s London-based India group, said: “If there is a liberalisation, we have to look seriously, as India is a huge potential market . . . We are interested in the long term, but we are following the rules.”
Slaughter and May, the City’s most profitable big law firm, has struck up “best friends” informal client referral relationships with India’s top firms without opening locally.
The Bar Council of India, the regulator, which exerts strong political influence, opposes the entry of foreign firms. However, its attitude may be softening, paving the way for a bilateral agreement.
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the bill may take actually more than a yera to come up and when it is passed it will allow only limited excess to the indian markets, as for LPOs they are already there, so they will stay, but in bout a year's time their tax exemsation will goo!! so market will not be as condusive as it appears, and road to India, is more bumpy, then rosey.
mukal, london, UK
Assuming local Indian advocates do survive, it does not imply that these foreign firms will. One would certainly recall the closure of Freshfields Bangkok in 2004. Additionally, the recent decision by Freshfields to terminate its Singapore operations is one such testament.
Phoon, Kuala Lumpur, Malaysia
Of course they'll survive. They'll be good for each other. Singapore firms survived, as did the Chinese.
George W Russell, Bangalore, India
Conveyancing will be a boom for the Indians. Firms currently within the UK currently use them (such as MHM Solicitors known as "MyHomeMove" and will continue to do so. This will change the way the market works and performs as a result of registered titles and e-conveyance.
Adam, Leicester, UK
The long-term implications will be hard for British lawyers, and very good for India. I suspect that UK legal practises setting up in India will pass a large proportion of their work to the cheaper Indian lawyers, once those have become familiar with British laws. So work that does not require face-to-face contact will become outsourced to India, & will reduce fees and costs for commercial work sourced here.
Moses, Bristol,
I wonder if the local Indian advocates will survive in this ever competitive environment, should the restrictions on the entry of foreigns firms be lifted.
Phoon, Kuala Lumpur, Malaysia
are the days of the RAJ returning ,
george william taylor, hull, uk
very good.
Manjunath Ambale, BANGALORE, INDIA
Oh how Messrs. Wm. Slaughter and Wm. May and their other paternalistic colleagues (see A Century in the City) would probably be turning in their graves!!
Pete Balchin , Bristol, uk
India is on its way of becoming a global economic, political and military power in this century and we in the UK should make most of the historical links with the largest democracy and huge Indian busines community here for mutually beneficial relationships.
Vipul Thakore, London, UK