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Arbitration appeal: Jurisdictional argument or collateral attack

Thursday, September 13, 2018 @ 9:20 AM | By J. Brian Casey

The recent case of Alectra Utilities Corporation v. Solar Power Network 2018 ONSC 4926 illustrates the difficulties that can arise in distinguishing between an allegation that an arbitrator lacked jurisdiction, from an allegation that the arbitrator simply made a wrong decision.

In October 2015, Alectra and Solar Power Network (SPN) entered into a contract (the Contract) to take advantage of opportunities for projects under the Ontario governments Feed-In Tariff Program (the Projects). By 2016, Alectra and SPN had entered into negotiations for Alectra to acquire and buy...