Matters covered by special laws creating special rights, to be enforced by special forums under special procedures are non-arbitrable

Bell Finvest India Limited Vs A U Small Finance Bank Limited (Delhi High Court) Conclusion: Delhi High Court held that the remedy of arbitration provided in section 11 of the SARFAESI Act cannot override the special remedies stipulated under the set of special laws, and therefore even statutory arbitration cannot derogate from a remedy available to a lender for enforcing a security interest and the “doctrine of election” is simply not available. Quite clearly, matters covered by special laws, which create special rights, to be adjudicated and enforced by special forums, under special proce...