individual, and is referable to
arbitration. Further, subordinate rights in personam arising from
rights in rem have always been considered to be arbitrable.
Decision ... though in some
manner the arbitrator would examine the right to copyright, a right
in rem. Arbitration by necessary implication excludes actions in
rem
that the
copyright is a right exercisable against the world at large and thus it is
a right in rem. The existence of such right ... infringement of right is jus in rem. If
copyright in rem is violated, remedy against violation of such right in
rem would be a remedy
case of personal rights. .....
The distinction between a real and a personal right is otherwise expressed by the terms right in rem ... However, it defines jus in rem as follows:-
"Jus in rem. 'Jus in rem' is a right in respect of a thing
that the
copyright is a right exercisable against the world at large and thus it is
a right in rem. The existence of such right ... infringement of right is jus in rem. If
copyright in rem is violated, remedy against violation of such right in
rem would be a remedy
seeking enforcement of subordinate right even if it is
momentarily accepted that right of redemption of mortgage is right in
rem. She would also rely ... right in rem is not
arbitrable, the subordinate rights flowing in right in rem would be
arbitrable. The proposition canvassed by Ms. Nangare has been
disputes relating to rights in
personam are considered to be amenable to arbitration; and all disputes
relating to rights in rem are required ... inflexible rule. Disputes relating to sub-ordinate rights in personam
arising from rights in rem have always been considered to be arbitrable
disputes relating to „right in personam‟ are considered to
be amenable to arbitration and disputes relating to „right in rem‟ are those
disputes which ... inflexible rule. Disputes relating to sub-ordinate
rights in personam arising from rights in rem have always
been considered to be arbitrable."
13. What
disputes relating to rights in
personam are considered to be amenable to arbitration; and
all disputes relating to rights in rem are required ... rigid or inflexible
rule. Disputes relating to subordinate rights in personam
arising from rights in rem have always been considered to be
arbitrable
vest certain very valuable rights in
respect of identified maritime claims. These are called rights in rem and a mechanism is
provided in the Admiralty ... case
that a maritime lien is a substantive right whereas a statutory right of
action in rem is in essence a procedural remedy. The object
rem, and could not be regarded as subordinate rights in
personam emanating out of rights in rem. Reliance was placed, for this
purpose ... action in rem. He submits that there is a
distinction between rights in rem and actions in rem.The present
dispute, he submits
