Witness in arbitration matter
N
(Querist) 18 August 2017
This query is : Resolved
There is a commercial arbitration proceeding ongoing between two partners in a pvt. ltd company engaged in media distribution business. There are certain points of disagreements between the partners regarding certain expenses and claims. I am an ex employee in a company of one of the partner. I am requested by my ex employer to appear and represent the company as a witness before arbitration in this disputes as I was handling the accounts of these company on behalf of my employer. In this regard, I would like to seek your advice on the following points
1. As an ex - employee what will be my liability as a witness in this case in my personal capacity if I appear before the arbitrator?
2. Could there be imprisonment or any criminal action against me in this matter.
3. Whether I should seek appropriate indemnities from my ex employer to cover myself and what should be the nature of the same
4. If I appear before the arbitrator, and if the matter goes into the court, then will I be called up in the court for the same.
5. Can I be held responsible for acts done during the course of my employment when done with the approval of my employer?
6. The period of dispute also includes some transactions done by my predecessor. Can I be held responsible for the same?
7. I am new to this arbitration proceedings and hence request your assistance as to whether I should accept the request of my ex-employer to appear before the arbitrator?
8. If I accept this request how should I cover the scope so as to keep myself protected?
9. Should I also consider buying a professional Indemnity Insurance cover in this case.
R.K Nanda
(Expert) 18 August 2017
what does N means? write ur full name.
krishna mohan
(Expert) 05 September 2017
You have not revealed your identity. Witness need to respond before the tribunal to the extent of claim made before the tribunal and need to respond for cross examination. Responsibility to enforce award remain on the company and not on the witness. Why you are thinking of professional indemnity insurance cover? what for?
