An arbitrator's discretion as to costs is subject to even more limited appellate review under s 38 of the Commercial Arbitration Act than under the general principles in House v The King, because the applicant must first demonstrate a manifest error of law on the face of the award. A 'manifest' error is one that is evident, obvious, or perceptible — not merely arguable — and the court must be swiftly and easily persuaded of its existence. Where a deed of trust requires a proposing transferor to specify 'the price per unit which he fixes as the fair value', this contemplates a subjective assessment rather than an objective fair value, and the scope of an arbitration clause limited to fixing fair value does not extend to determining breach of obligation under the deed.
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