Arbitration Agreement and Substantive Claim Before Court

(a)A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his or her first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(b)Where an action referred to in paragraph

(a)of this Section has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the action is pending before the court.