The amended s 38(5) of the Commercial Arbitration Act 1986 (SA) requires a stricter approach to leave to appeal than previously applied. 'Manifest error of law' means an error that is evident or obvious, not merely arguable — the question is not whether the point is fit for argument but whether an obvious error exists. Where an arbitrator's construction of a contract is reasonably open, the applicant will generally have failed to demonstrate manifest error. A standard form contract extensively modified by special conditions is a 'one-off' contract for the purposes of the alternative ground under s 38(5)(b)(ii).
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