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The Supreme Court recently considered an important question under the Arbitration and Conciliation Act, 1996: Can an Arbitral Tribunal be appointed without the other party’s consent? In Arth Micro Finance Private Ltd. & Ors. v. Shivalik Small Finance Bank Ltd., the Court held that arbitration cannot become arbitrary, particularly when it comes to the appointment of an Arbitral Tribunal. The Facts The parties had an agreement containing an arbitration clause. The respond

The Consumer Protection (E-Commerce) (Amendment) Rules, 2026, notified on 9 September 2026 and effective from 1 January 2027 (“2026 Amendment”), introduce important changes to the consumer protection framework governing e-commerce entities, marketplaces, sellers and inventory entities under the Consumer Protection (E-Commerce) Rules, 2020 (“Rules”). The direction is clear: less room for platform discretion, more transparency for the consumer at every stage of the transaction.

When an Internal Committee (“IC”) rejects a sexual harassment complaint, at the threshold, on the ground that it does not contain a “sexual element”, can that decision be challenged under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), even though no inquiry was conducted? The Bombay High Court, in the case of Anup Vikal v. State of Maharashtra & Ors., has clarified that such a threshold decision is n

In the recent case of Ashima Sanjeev Minocha v. Gujarat Co-operative Milk Marketing Federation Limited & Anr., the Gujarat High Court considered the scope of judicial review of an Internal Complaints Committee (“IC”) decision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The petitioner had challenged the IC’s final report rejecting her complaint, alleging, among other things, flaws in the constitution and f

The Supreme Court has recently highlighted the need for a clear mechanism to address sexual harassment complaints involving women lawyers practicing before courts and tribunals. On 18 September 2026, while hearing the case of Seema Joshi v. Bar Council of India & Ors., the Supreme Court observed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) cannot be applied in a “straitjacket manner” to women advocates. The

WhatsApp is set to introduce ‘Usernames’, allowing users to connect with others without sharing their phone numbers. While this may seem like a simple feature update, it has quickly become a topic of discussion in India, with the Government asking WhatsApp to hold its rollout until concerns around user safety are examined. So, why has this feature attracted so much attention? Until now, your phone number has been your identity on WhatsApp. If someone wanted to contact you

The Draft Warehouse Licensing Regulations, 2026 (“Draft Regulations”) propose to consolidate the licensing framework for public, private and special warehouses into a single regime. For businesses operating at the intersection of logistics, warehousing and technology, the proposed changes are relevant not only from a licensing perspective but also from an operational and compliance standpoint. In particular, the increasing reliance on digital inventory systems and electronic

On 25 March 2026, the Supreme Court dismissed a batch of special leave petitions filed by two of the three promoters of Financial Software and Systems Private Limited ("FSSPL"), Nagaraj Mylandla and Sharada Mylandla, and affirmed the enforceability of the decree entered against them by the Madras High Court in terms of a Singapore-seated arbitral award. The Madras High Court had described the liability as exceeding INR 1,400 crores: damages measured at a contractual "exit p

India's foreign direct investment ("FDI") policy on e-commerce has long sought to balance foreign investment with the protection of domestic retail. A central feature of this balance has been the distinction between the marketplace and inventory-based models. FDI was permitted in marketplace e-commerce, where the platform merely facilitated transactions between buyers and sellers. By contrast, FDI has not been permitted in inventory-based e-commerce for domestic B2C retail, w

On July 21, 2026, the Reserve Bank of India (“RBI”) released the draft Foreign Exchange Management (Foreign Investment) Rules, 2026 (“Draft Rules”) for public comments.[1] Once finalised, these Draft Rules will replace the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (“NDI Rules”). The review stems from the Union Budget 2026-27, which called for a comprehensive rework of the NDI Rules to make India’s foreign investment framework simpler. A committee was subs

Deepfakes – AI-generated synthetic media that realistically mimics a person’s face, voice, or likeness – are no longer just cybersecurity or social media concern; they have become a legal and business risk. Such content is increasingly being used to create fake endorsements, clone voices, manipulate videos and misuse an individual's identity. Recognising these risks, the government has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)

When a sexual harassment complaint is made against a CEO, director, managing trustee, principal or another senior functionary, a common question arises: Should the complaint be investigated by the Internal Committee (“IC”), or does it automatically fall within the jurisdiction of the Local Committee (“LC”) because the respondent heads the organisation? The Kerala High Court, in the case of Prof. (Dr.) J. Sundaresan Pillai v. Dr. K.K. Seethalakshmi, has clarified that design

The National Commission for Women (“NCW”) has issued an advisory on 19 June 2026 recommending significant measures to strengthen the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"). The advisory sends a clear message: POSH compliance is no longer just about constituting an Internal Committee — it is about demonstrating that your compliance framework actually works. What's New? 1. Mandatory Annu

On 29 May 2026, the Reserve Bank of India ("RBI") notified the Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026 ("Amendment Regulations"), which came into force on 5 June 2026. The Amendment Regulations amend the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 ("Cross Border Merger Regulations"), issued under the Foreign Exchange Management Act, 1999 ("FEMA"), to align India's foreign exchange framework with the corporate res

1. Background Securities and Exchange Board of India (“SEBI”) issued an Informal Guidance Note[1] on 2 March 2026, confirming that a ‘cousin’ of a promoter group member does not fall within the definition of a 'relative' under the Companies Act, 2013 (“Act”). As a result, a cousin of a promoter group member is not automatically disqualified from being appointed as an Independent Director ("ID") on the board of a listed company. This article examines the basis for that clari

The Bombay High Court, in Siddhesh Pradeep Satpute v. State Bank of India & Ors., has clarified an important aspect of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") — whether an employee's daily commute can be regarded as a "workplace". The case arose from an allegation of sexual harassment during a commute in a shared public autorickshaw. The employer's Internal Committee ("IC") conducted an inquiry into the comp

On 4 February 2026, the Ministry of Commerce and Industry notified the revised startup framework through G.S.R. 108 (E)[1] (“2026 Notification”), marking an important development in India’s startup regulatory landscape. The 2026 Notification updates the recognition architecture that had been previously been governed under G.S.R. 127 (E)[2], dated 19 February 2019 (“2019 Framework”). The 2019 Framework was designed for a startup ecosystem that was still relatively early in i

India’s online gaming sector is entering a new regulatory phase. Following the enactment of the Promotion and Regulation of Online Gaming Act, 2025 (“Act”), the Ministry of Electronics and IT(“MeitY”) has now notified the Promotion and Regulation of Online Gaming Rules (“Rules”), effective May 1, 2026. Together, they mark a clear shift from a lightly governed space to a structured and closely regulated framework. Key highlights of the Rules: Stricter stance on money gaming: T

The recent decision of the Allahabad High Court in the case of Sunita Devi v. State of U.P. & Ors. provides clarity on a question that has long remained ambiguously interpreted in practice — whether findings of an Internal Committee (“IC”) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) are merely recommendatory or binding in nature. It has been held that once the IC concludes that sexual harassment has occurr

The Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026, notified on 9 February 2026, (“2026 Amendment”) marks one of the most significant overhauls of India’s External Commercial Borrowing (“ECB”) framework in recent years. The direction is clear: move from a prescriptive, approval-heavy regime to a flexible, market-aligned framework — while tightening compliance where it matters. Here’s what businesses, investors, and advisors should