Section 3 is as follows: "Stay of proceedings in respect of matters to be refer 871 red to arbitration: Notwithstanding anything contained in the , or in the Code of Civil Procedure, 1908, if any party to an agreement to which Article II of the Convention set forth in the Schedule applies, or any person claiming through or under him commences any legal proceedings in any Court against any other party to the agreement or any person claiming through or under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other step in the proceedings, apply to the Court to stay the proceedings and the Court, unless satis fied that the agreement is null and void, inoperative or incapable of being performed or that there is not, in fact, any dispute be tween the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.