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

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