HASSNEH INSURANCE CO OF ISRAEL AND OTHERS V MEW

(1993) 2 Re LR 335

Queen’s Bench Division (Commercial Court)

Before Mr Justice Colman

Arbitration - Confidentiality - Qualification - Documents engendered in arbitration between reassured and reinsurer - Reassured, unsuccessful in arbitration, intending to commence proceedings against broker - Whether disclosure by reassured of reasoned award, and possibly other documents, to broker would breach implied obligation of confidentiality - Distinction between reasoned award and other documents - Whether qualification in duty of confidence should be implied, as matter of business efficacy, where it was reasonably necessary for establishment or protection of arbitrating party’s legal rights -Whether, if it were reasonably necessary in order to run off reinsurance contracts, reassured would be entitled to disclose award and reasons to broker - Position of pleadings, witness statements, disclosed documents in arbitration and transcripts.