You could argue that if the terms state that you get XBTC for your participation, that shouldn't include the forked coin. I get that. I'm curious as to what the consensus is about this; what Lauda thinks; what other members think; and if it was mentioned in the terms of this thing. I don't think it's way off-topic.
It wouldn't have made sense to claim the BCH at the time of the fork as it would have been a potential security risk to manipulate the private keys holding 1000+ BTC.
It wouldn't make sense for the escrow to keep (or ignore) the BCH after the refunds are issued and the escrow wallet is no longer used. The risk is no longer there and there is a substantial value in BCH and it certainly doesn't belong to the escrow. The escrow could charge a substantial fee for the trouble (and to avoid having to deal with dust forks) but the coins should be distributed.