- Pralok Gupta and Rupa Chanda, ‘Trade Liberalization in Producer Services: Case Study of India'(Asia-Pacifc Trade Economists' Conference, Bangkok, 2–3 November 2009) <http://www.unescap.org/tid/artnet/mtg/Rupa%20Chanda.pdf> accessed 6 December 2012.
- Douglas Wong, ‘India's “Not for Sale” Legal Market Draws U.S., U.K. Law Firms' Bloomberg (New York City, 15 June 2009) <http://www.bloomberg.com/apps/news?pid=20601109&sid=aHz8zYy8.Vdg> accessed 6 December 2012 (stating that ‘[f]oreign acquisitions by Indian companies more than tripled to $13.9 billion In 2008 from $4.5 billion In 2005′).
- The Bar Council of India is a statutory body established by Parliament under the Advocates Act 1961 to regulate and represent the Indian bar. It performs the regulatory function by prescribing standards of professional conduct and etiquette for advocates and by exercising disciplinary jurisdiction over the bar. It performs the representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing fnancial assistance to organise welfare schemes for them.
- Interview with Makhan Singh, Practicing Solicitor Advocate at Murria Solicitors and Past Council Member and International Committee Member of Birmingham Law Society (Birmingham, UK, 13 August 2012).
- Interview with G Subramaniam, Chairman, the Bar Council of India and Solicitor General of India (New Delhi, 10 April 2010).
- A Oberoi, ‘Raising the Bar’ India Today Supplement (New Delhi, August 2009).
- A Hook, ‘Interview with J. Oberoi’ India Today Supplement (New Delhi, August 2009).
- A Hook, ‘India: The Legal Market—;Opportunities and Risks' (Developing the Passage to India Seminar, Birmingham, 14 July 2009); S Katwala, ‘An Open and Shut Case’ India Today Supplement (New Delhi, August 2009).
- Advocates Act 1961, ss 2, 24, 29, 30 and 33.
- ibid, s 32.
- The BCI Rules 1975, r 36, ch II, pt VI (BCI Rules).
- Indian Companies Act 1956, s 11(2).
- ibid.
- BCI Rules (n 11), r 2, ch III, pt VI.
- ibid, r 7, ch II, pt VI.
- CS Lal, Commentaries on Advocates Act, 1961 and Bar Council of India Rules (2nd edn, Law Publishers 2006) 384.
- Select Committee on Trade and Industry, Trade and Investment Opportunities with India (third report);
- Memorandum by Clifford Chance LLP (HC 2005–06, HC 881-I, II (Appendix 10), 9 January 2006) <http://www.publications.parliament.uk/pa/cm200506/cmselect/cmtrdind/881/881we11.htm> accessed 6 December 2012.
- Indo-UK Joint Economic and Trade Committee (JETCO), ‘Various Models of Opening Up: JETCO Report, 2006’ Business Today (New Delhi, 7 February 2010) 19 <http://m.businesstoday.in/story/various-models-of-opening-up-jetco-report,-2006/1/5184.html> accessed 6 December 2012.
- BS Reporter, ‘India not to open legal services sector’ Business Standard (New Delhi, 28 May 2008) <http://www.business-standard.com/india/storypage.php?tp=on&autono=38565> accessed 6 December 2012.
- GATS 1995.
- ibid.
- See Bernard Hoekman, Aaditya Mattoo, and Andre Sapir, ‘The Political Economy of Services Trade Liberalization: A Case for International Regulatory Cooperation?’ (2007) 23 Oxford Review of Economic Policy 367, 375; Martin Roy, Juan Marchetti, and Hoe Lim, ‘Services Liberalization in the New Generation of Preferential Trade Agreements (PTAs): How Much Further than the GATS?’ (2007) 6 World Trade Review 155.
- WTO Council for Trade in Services, ‘Legal Services: Background Note by the Secretariat' (S/C/W/43, 6 July 1998) [57].
- ‘World Trade Organisation: Fold or Hold?’ Law Society Gazette (London, 23 September 2004) 18.
- Trade Policy Division, Department of Commerce, ‘Trade in Legal Services: A Consultation Paper on Legal Services under GATS' (Government of India) <http://commerce.nic.in/trade/consultation-paper-legal-services-GATS.pdf> accessed 6 December 2012.
- Interview with R Sehgal, Associate Advocate, Fox Mandal Little and ex-employee of the British High Commission, New Delhi (New Delhi, 9 April 2010).
- See The Law Society of England and Wales, ‘Delivering Justice: The Law Society Manifesto 2010’ (The Law Society, 2010) <http://www.lawsociety.org.uk/representation/law-society-manifesto/> accessed 6 December 2012; StateMaster, ‘Economic Statistics’ (State Master, 2003) <http://www.statemaster.com> accessed 20 May 2010.
- Massimo Geloso Grosso, ‘Managing Request-Offer Negotiations under the GATS: The Case of Legal Services' (Organisation for Economic Co-operation and Development, 14 June 2004) 19 (citations omitted) <http://search.oecd.org/Officialdocuments/displaydocumentpdf/?doclanguage=en&cote=td/tc/wp(2003)40/fnal> accessed 6 December 2012.
- ‘Lawyers up in arms against service tax’ Indian Express (Kanpur, 8 July 2009) <http://www.indianexpress.com/news/lawyers-up-in-arms-against-service-tax/486479/> accessed 6 December 2012.
- ‘Liberalising Legal Services in India through the GATS: A Preliminary Analysis of Issues at Stake' (Equations, 15 July 2006) 3 <http://equitabletourism.org/stage/readfull.php?AID=390> accessed 6 December 2012.
- ‘Lawyers to strike against service tax’ Hindustan Times (New Delhi, 8 July 2009) <http://www.hindustantimes.com/Lawyers-to-strike-against-service-tax/Article1–430120.aspx> accessed 6 December 2012.
- Limited Liability Partnership Act, 2008, ss 59, 79(2)(zc).
- Oberoi (n 6).
- S Jauhar, ‘Interview with J. Oberoi’ India Today Supplement (New Delhi, August 2009).
- Lawyers Collective v Union of India (2010) (2) BCR 753 (Bom HC).
- ibid.
- ibid 27.
- 2012 AIR 124 (Mad HC).
- ibid [63].
- JETCO Report (n 18) 27.
- ibid 10.
- ibid 27.
- ibid 10.
- ibid 11.
- ibid.
- ibid.
- International Legal Services Advisory Council, Submission on Legal Services to the Department of Foreign Affairs and Trade in respect of Australia-India Free Trade Agreement Feasibility Study (ILSAC, June 2008) 11.
- JETCO Report (n 18) 14.
- ibid.
- ibid.
- ibid.
- ibid 15.
- AS Pasrich, ‘A Judicious Approach’ India Today Supplement (New Delhi, August 2009).
- Jauhar (n 34).
- ‘India not to open legal services sector’ (n 19); Som Mandal, ‘India: open for business' The Lawyer (London, 13 November 2007) <http://www.thelawyer.com/india-open-for-business/129935.article> accessed 6 December 2012.
- Legally India, ‘BCI chair Gopal Subramaniam interview (part 2): Foreign firms only once Indian lawyers “reclaim business“' Legally India (London, 23 April 2010) <http://www.legallyindia.com/20100423730/Interviews/bci-chair-gopal-Subramaniam-interview-part-2-foreign-firms-only-once-indian-lawyers-reclaim-business> accessed 6 December 2012.
- Oberoi (n 6); HS Rao, ‘Decision on opening up legal service in India soon: Moily' Business Standard (London, 2 October 2009) <http://www.business-standard.com/india/news/decisionopeninglegal-service-in-india-soon-moily/15/28/74874/on> accessed 6 December 2012.
- Sumit Nagpal, ‘Interview: Bar Council Chairman SNP Sinha' Legally India (London, 29 June 2009) <http://www.legallyindia.com/Interviews/interview-bar-council-chairman-snp-sinha> accessed 6 December 2012.
- Indian Council for Research on International Economic Relations, ‘Trade in Services: Opportunities and Constraints' (Ministry of Commerce, Government of India, 1999) 30; Anirudh Hariani, ‘Globalisation and the Indian Legal Services Sector: Opportunities and Constraints’ (2007) 6 Government Law College Law Review 28.
- The Solicitors Regulation Authority, ‘Qualified Lawyers Transfer Regulations Scheme 2011’ <http://www.sra.org.uk/solicitors/handbook/qlts/content.page> accessed 13 January 2013
- Nagpal (n 58).
- Hook (n 8).
- Ben Frumin, ‘Lowering the bar’ India Business Law Journal (Hong Kong, November 2007) 13, 14.
- ibid.
- Equations (n 30).
- Bharat Vasani, ‘We need more lawyers' (2007) 26(4) International Financial Law Review 92; D Daniel Sokol, ‘Globalization of Law Firms: A Survey of the Literature and a Research Agenda for
- Further Study' (2007) 14(1) Indiana Journal of Global Legal Studies 5.
- Chandra Krishnamurthy, ‘Legal Education and Legal Profession in India’ (2008) 36 International Journal of Information 245, 263
- Wittman, ‘India update: Liberalisation of the legal market' (Law Society of England and Wales, International Section, 7 July 2008) <http://international.lawsociety.org.uk> accessed 10 February 2010.
- Shalini S Dagar, ‘Back door is legal here’ Business Today (Noida Film City, 7 February 2010) <http://businesstoday.intoday.in/index.php?option=com_content&task=view&id=13790&Itemid=1&issueid=75§ionid=25&limit=1&limitstart=1> accessed 6 December 2012; Arihant Panagariya, ‘Globalisation and the Indian Legal Fraternity’ (Legal Service India, 25 May 2008) <http://www.legalserviceindia.com/article/l247-Globalization-and-the-Indian-Legal-Fraternity.html> accessed 6 December 2012; Richa Mishra, ‘Liberalising legal services will drive up standards' The Hindu Business Line (Chennai, 9 May 2008) <http://www.thehindubusinessline.com/2008/05/09/stories/2008050952631000.htm> accessed 6 December 2012.
- ‘India should liberalise legal services'The Hindu (8 September 2008) <http://www.hindu.com/2008/09/08/stories/2008090856471300.htm> accessed 13 January 2013
- Neil Rose, ‘Relax ban on foreign firms to lift economy, India told' The Law Society Gazette (London, 23 April 2008) <http://www.lawgazette.co.uk/news/relax-ban-foreign-firms-lift-economy-india-told> accessed 6 December 2012 (‘… the Indian legal market is currently worth $4 billion (£2 billion), but that could grow by 13% a year to $8.4 billion by 2016 if limited liberalisation is pursued, compared to $6.5 billion at current growth rates').
- Interview with R Sehgal (n 26).
- Jauhar (n 34).
- Frumin (n 63).
- Hook (n 7).
- Grosso (n 28) 8–9 (‘In Hong Kong, China, for example, the total revenue of the legal sector exceeds USD 1.5bn… The total revenue of Singapore domestic law firms was estimated to be SGD 849 million In 2000′. ‘Hong Kong, China's exports of legal services, for example, amounted to HKD 817 million (USD 105 million) In 2001, a sharp increase of 87% from 2000′).
- Wong (n 2).
- ibid; ‘Top Indian capital markets lawyer joins Clifford Chance’ (Clifford Chance, 19 August 2008) <http://www.cliffordchance.com/news/news/2008/08/top_indian_capita.html> accessed 6 December 2012.
- Wong (n 2); Kian Ganz, ‘Clifford Chance NRI Sumesh Sawhney makes partner’ Legally India (London, 4 May 2010 <http://www.legallyindia.com/20100504770/Law-firms/clifford-chance-nri-sumesh-sawhney-makes-partner> accessed 6 December 2012.
- ‘QLTT Courses and Fees' (The College of Law, 2013) <http://www.college-of-law.co.uk/Our-Courses/QLTT/QLTT-course-fees/> accessed 13 January 2013.
- Feroz Ali K, ‘Foreign Law firms in India: Legally, the world may not be fat… ‘, The Hindu Business Line (Chennai, 21 December 2007) <http://www.thehindubusinessline.com/2007/12/21/stories/2007122150280900.htm> accessed 6 December 2012.
- ‘India’ (Cleary Gottlieb Steen & Hamilton LLP, 2010) <http://www.cgsh.com/india> accessed 6 December 2012.
- Frumin (n 63) 17.
- Wong (n 2).
- Vasani (n 66) 92 (In the words of Vasani, General Counsel for Tata Group, ‘The biggest challenge I face today is getting the right corporate lawyers to handle the work. The supply is limited yet the demand is huge'… While commenting on the shortage of skilled commercial/corporate lawyers, he stated ‘[i]f one of my lawyers left now, I wouldn't be able to replace them. There's no one else out there’).
- Feroz (n 81).
- ‘BCI chair Gopal Subramaniam interview (part 2)' (n 56).
- Kian Ganz, ‘Bar exam done deal from September claim BCI, Moily; Finalists on tenterhooks' Legally India (London, 3 May 2010) <http://www.legallyindia.com/20100503762/Law-schools/bar-exam-done-deal-from-september-claim-bci-moily-fnalists-on-tenterhooks> accessed 6 December 2012; ‘“Open book” bar exam could herald split in profession' Legally India (London, 17 May 2010) <http://www.legallyindia.com/20100517833/Law-schools/open-book-bar-exam-could-herald-split-in-profession-more-details-1-june-says-Subramaniam> accessed 6 December 2012. Arguably, except for a few National Law Schools in India, where the focus of the curriculum is reportedly geared to meet the challenges of globalisation (and liberalisation) and to enable the students to compete in the transnational marketplace, the curriculum of the majority of law schools in India is to impart only such legal education to students that will enable them to enter the legal practice exclusively for local needs. Certainly reforms in legal education are required to prepare the future lawyers for liberalisation.
Liberalisation of Indian Legal Services: Politics and Challenges
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