Arbitration and Conciliation Act, 1996 - Sections 9, 11 and 17 - Escrow agents

Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tions 9, 11 and 17 — Escrow agents — Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tions 9, 11 and 17 — Escrow agents — Role of — Apprehension/Suspicion of bias — An escrow arrange­ment is nor­mally arrived in order to safe­guard the inter­est of the par­ties for the pur­pose of a con­tract — They are per­sons who are trusted by the par­ties to act fairly and with­out bias notwith­stand­ing their rela­tion­ship with the respec­tive par­ties — Even if one escrow agent per­form cer­tain acts on behalf of a party, which is adverse to another party, the impar­tial­ity of escrow agent is not doubted — Fear of like­li­hood of bias is mis­placed and unac­cept­able — How­ever, once the said escrow agent will be sub­jected to exten­sive cross exam­i­na­tion, he can­not be called upon to decide the dis­pute in which he him­self becomes a party — In vio­la­tion of the well known maxim that a per­son can­not be a judge in his own cause. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Arbitration and Conciliation Act, 1996 - Sections 9, 11 and 17 - Escrow agents