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India-UK agree to exchange experiences and best practices in areas of working in commercial courts, and ADR mechanisms like arbitration and mediation
Both countries agree to share experiences related to the use of technology in case management, justice dispensation, and enforcement of contracts
The subject of framing regulations for entry of UK Law Firms and Lawyers was deliberated at the Legal Services Committee (LSC) meeting
By PIB Delhi
During the recent meeting of the India-UK Joint Consultative Committee (JCC), a broad agreement was reached to facilitate the exchange of experiences and best practices in the area of working of commercial courts, alternate dispute resolution mechanisms like arbitration and mediation, use of technology in case management, justice dispensation and enforcement of contracts and in the area of simple legislative drafting. It was further agreed that training and capacity enhancement programmes would be conducted in reputed Institutes for legal advisers, draftsmen, judicial officers, prosecutors, and legal professionals in a time-bound manner.
The Government of India and the United Kingdom had on 10th July 2018 entered into a MoU for promoting cooperation between both countries, in the sphere of Law and Justice. A Joint Consultative Committee (JCC) has been constituted in terms of the MoU to carry out its objectives by firming up the way forward in areas of cooperation. The third in-person meeting of the JCC was held in New Delhi on 18th August 2022 at New Delhi.
The Indian delegation was led by Dr. Niten Chandra, Law Secretary. Senior officers of the Department of Legal Affairs, Legislative Department and Department of Justice, Member Secretary NALSA, and Director Indian Law Institute, New Delhi, participated in the deliberations from the Indian side. The UK side was led by Dr. Jo Farrar, Second Permanent Secretary, Ministry of Justice, Government of the UK. She was accompanied by senior officers of the Ministry of Justice and the British High Commission in New Delhi. the Leaders Co-chaired the meetings.
As regards the subject of framing regulations for entry of UK Law Firms and Lawyers under the MoU concerned, the same was discussed separately in the Legal Services Committee (LSC) meeting held later in the day on 18th August 2022. The Committee consists of officers from both the countries as stated above and representatives of the Bar Council of India (BCI) and the Law Society of England and Wales. The Legal Services Committee in its meeting recalled the outcome of the India-UK virtual summit held on 4th May 2021, between the Hon’ble Prime Ministers of India and the UK and the launch of the ‘Enhanced Trade Partnership’ (ETP) to unleash the trade potential between the two countries who had also agreed to facilitate each other’s market-access concerns including the opening of the legal services sector in India, on a reciprocal basis.
The LSC deliberations were also attended by the British High Commissioner in India, H.E. Alex Ellis. The meeting was held in a cordial atmosphere wherein both sides appreciated each other’s concern about the challenges in the opening of the legal services sector. The President Law Society of England and Wales, along with her team, joined the meeting virtually. She explained in detail the regulations which determine the areas of court practice and legal advice by non-UK qualified lawyers. Secretary BCI emphasised the responsibilities vested in the Council to protect the rights, privileges, and interests of lawyers, whom they represent. However, the representatives of both the countries appreciating the potential benefits of the opening up of the legal services sector to the respective economies, agreed in principle to work together to find common ground for benefit of all stakeholders.
