DEBORAH A. BATTS, United States District Judge.
Petitioners Charles Lipton, Bert Forman, and Judith Mark move pursuant to 9 U.S.C. § 10 to vacate an arbitration award, alleging that the award, issued by NASD arbitrators in favor of Respondents, violates public policy, is arbitrary and capricious, and expresses the arbitrators' manifest disregard for the law. Respondents oppose the motion, and cross-move to dismiss the petition.
The law is clear that section 10 of the Arbitration Act does not confer subject matter jurisdiction in this court. United States v. Am. Society of Composers, Authors and Publishers, 32 F.3d 727, 731 (2d Cir. 1994); Harry Hoffman Printing, Inc. v. Graphic Communications, Int'l Union, Local 261, 912 F.2d 608, 611 (2d Cir. 1990). Petitioners do not claim to be of diverse citizenship from the Respondents, nor do they allege a jurisdictional basis other than section 10 of the Arbitration Act and New York Civil Practice Law and Rules 7511(b) in their initial moving papers. See Brief in Support of Motion to Vacate Arbitration Award at 2.
Petitioners' reply, however, claims that
the arbitration claim was brought, inter alia, under the federal securities laws and the federal RICO statute. There is accordingly no question that this Court has jurisdiction over this matter, including, under the doctrine of pendent jurisdiction, the common law claims.