Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court

The Delhi High Court ruled that the agreement between parties must be given primacy when deciding a petition under Section 9 of the Arbitration Act. The case involved a petition by a facility management company seeking to stay the termination of its service agreement by the respondent, a provider of furnished office spaces. The petitioner argued that the termination was invalid and sought to maintain the status quo. Justice Jasmeet Singh held that the court’s role under Section 9 is to preserve the subject matter of arbitration until the arbitral tribunal decides the claims on merits. The court emphasized that the validity of the termination should not be decided at the Section 9 stage. The ruling underscores the importance of respecting the agreement between parties and the limited role of courts in interim measures under the Arbitration Act, focusing on preserving the status quo rather than adjudicating the merits of the dispute.