The appellant, Sky Solar, appealed an arbitration award dismissing its claim for indemnification against the respondent, Marnoch, for losses resulting from fires caused by failed electrical transformers.
The arbitrator found that Marnoch was not liable under the contractual warranties because Sky Solar had chosen the transformers and did not rely on Marnoch's skill and judgment.
The Superior Court of Justice applied the reasonableness standard of review and upheld the arbitrator's decision, finding no extricable errors of law and concluding that the arbitrator's interpretation of the contract and decision not to determine the liability of a non-party manufacturer were reasonable.
