Where an arbitral tribunal implicitly finds breach of a contractual warranty in a building/construction contract, the prima facie measure of damages is the cost of rectification (Bellgrove v Eldridge), and the onus of establishing that a less expensive remedy would suffice lies on the party in breach, not the victim. An arbitral tribunal that casts on the victim the onus of proving its claimed remedy is the only means of achieving contractual performance commits a manifest error of law. The complexity of an arbitral award does not preclude a finding of manifest error of law on its face. The Vimeira principle on technical misconduct may not extend to cases where issues were raised in one context but relied upon by the tribunal in a different context.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
5 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.