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Legal Services in A Globalised World: A Critical Review in the Light of the General Agreement on Trade in Services

Vinly Sarah Abraham

Legal Services in A Globalised World: A Critical Review in the Light of the General Agreement on Trade in Services - Bangalore NLSIU 2011 - 96p

CONTENTS
1. INTRODUCTORY BRIEF ;
RESEARCH METHODOLOGY ;
2. EVOLUTION OF THE LEGAL PROFESSION:
A JOURNEY TO THE PRESENT ;
EVOLUTION OF LEGAL PROFESSION IN INDIA:
A BRIEF ACCOUNT ;
A PRELUDE TO THE ADVOCATES ACT ;
CONDITIONS FOR PRACTICE: THE ADVOCATES ACT, 1961 ;
3. GENERAL AGREEMENT ON TRADE IN SERVICES:
AN ACCOUNT ;
GATS: A TOUCH OF THE KNOWN ;
Modes of Trade in Services ;
General Obligations and Specific Commitments ;
Most Favoured Nation ;
National Treatment. ;
Market Access ;
Domestic regulation ;
Administrative Machinery ;
Continuing Negotiations ;
CURRENT STATUS OF SERVICE NEGOTIATIONS WITH RESPECT TO INDIA ;
TRADE IN SERVICES: THE STATISTICS ;
Need for liberalisation.in Trade in Services ;
UNDERSTANDING LEGAL SERVICES . ;
PLURILATERAL REQUEST TO UNDERTAKE A COMMITMENT ;
4. DOMESTIC REGULATIONS ON FOREIGN LEGAL;
PRESENCE: ANALYSIS OF THE SUBTLE ISSUES ;
FOREIGN FIRMS IN INDIA: A MERE SHADOW ;
Liaison offices ;
Tie-ups and Best Friend Arrangement ;
Based in Regional Offices ;
LEGAL PROCESS OUTSOURCING: THE COVETED INDIAN MARKET ;
THE LEGAL BAR FOR FOREIGN LA WYERS:
THE JUDICIAL REASONING ;
LIMITATIONS OR CONDITIONS IN REGULATIONS vis-à-vis;
FOREIGN LA WYERS AND DEVELOPMENT ;
Restrictions of Partners to 20 ;
Unlimited Liability on Partners ;
Limitation on Multidisciplinary Growth ;
Ban on Advertisements ;
Reticence from the Indian Professionals ;
SOCIO-POLITICAL REASONS FOR THE RESTRICTIONS:
A CONCISE CRITIQUE;
Lack of Competence ;
Inability to share Cultural Aspirations ;
Cost-elevation of litigation ;
5. COMPARATIVE ANALYSIS OF THE GATS COMMITMENT;
ON AN INTERNATIONAL FIELD ;
UNITED STATES AMERICA ;
JAPAN ;
SINGAPORE ;
CHINA ;
6. OPENING UP THE INDIAN LEGAL MARKET TO THE INTERNATIONAL COMPETITION ;
REMOVAL OF THE LIMIT ON 20 PARTNERS ;
Limited Liability partners ;
AMENDMENT OF BAR COUNCIL RULE AGAINST ADVERTISING ;
LIMITATIONS: MARKET ACCESS, NATIONAL TREATMENT;
AND ADDITIONAL COMMITMENTS ;
STANDARDS LAID DOWN BY IBA ;
7. CONCLUDING REMARKS ;
8. BIBLIOGRAPHY .


Foreign Firms in India Foreign Lawyers Trade in Service - Need for Liberalisation