Agreement permits conciliator’s recommendation to become binding pending any arbitration proceedings

Summary judgment - enforcement of a conciliator's recommendation - prior refusal to stay proceedings pursuant to Model Law - Article 8 - paving and works contracts providing for arbitration, but conciliation at first instance - conditions precedent to payment of money following conciliator's recommendation complied with by plaintiff - suitable bond provided - 'same dispute' defence - whether plaintiff sought to introduce additional claims in its 'notice to refer' after conciliator's recommendation - 'clause 12' defence - subcontract terminated by defendants upon alleged default by plaintiff - jurisprudence on application for summary judgment - different test given the circumstances of dispute - whether defendants meet threshold required for the issue of payment of the conciliator's recommendation to be remitted for plenary hearing - defendant served a notice of dissatisfaction with recommendation within allotted time - whether sum must be paid pending arbitration - sum may be later varied by arbitrator - matters before conciliator and arbitrator are, in fact, the 'same dispute' by virtue of decision of conciliator - clauses of subcontract do not preclude conciliator from considering plaintiff's claim and making a recommendation - conciliator aware of defendant's arguments on termination - no submission made to conciliator that it was unable to make recommendation in favour of plaintiff by virtue of sub-clause - monies due and now secured by bond - judgment will not encroach on role of arbitrator - obligation to pay is binding because of the agreement in place between parties - no bona fide defence established - plaintiff entitled to judgment.