R. Glenn Bauer: " Arbitrator Über Alles" (1925-2008)

Saturday, November 1, 2008 - 01:00

In saying "farewell" to our dear friend R. Glenn Bauer, Holland & Knight partner, I was prompted to review some articles written by Glenn for The Metropolitan Corporate Counsel . Back in August 1995, Glenn wrote an article entitled "The Sky Reefer Case: Arbitration Uber Alles" describing arbitration regarding a bill of lading in an emerging nation's capital city, "or worse, litigation in an ancient and primitive court system" which may be in your future! How prescient these words were in foretelling the plight of shippers as well as commercial purveyors of goods when faced with arbitration in a strange land absent a reliable judicial system for enforcement.

Our friend, Glenn was a man for all seasons - not only did he have countless articles to his credit on the carriage of goods by sea, charter parties, maritime arbitration and other maritime subjects, he stood as a symbol of good counsel and sound scholarship. He published many law review articles in U.S. and foreign law journals including: Upsetting a Charter Party Arbitration Award: Are the Courts Lowering the Bar on Judicial Review?, 25 Tul.Mar.L.J. 419,431 (2001); Conflicting Liability Regimes; Hague-Visby v.Hamburg Rules - A Case By Case Analysis, 24 J. Mar.L.&Com. 53 (1993); The Measure of Liability for Cargo Damage Under Charter Parties: A Second Look , 21 L.J.Mar.L. & Com.397 (1990); Effects of War on Charter Parties13 Tul.Mar.L.J.13, 17-24 (1988); Manifest Disregard of the Law (1979) LMCLQ 142. He co-authored the fourth edition of The Law of Demurrage and was the author of A Short History of Maritime Fraud, 12 Tul. Mar.L.J.(Fall 1987) in which he took great glee in highlighting certain fraudsters he had encountered in his practice.

He was a teacher during the 1990s, serving as Special Professor of Law at Hofstra University Law School and was an adjunct professor of maritime law at Cardozo University Law School. He was a favorite lecturer at law schools and international conferences, contributing regularly to the International Congress of Maritime Arbitrators' annual meetings.

As a partner in the firm of Haight Gardner Poor & Havens (now Holland & Knight), one of the world's leading admiralty law firms, Glenn handled a broad range of cases relating to the maritime industry, appearing at the U.S. Supreme Court and in other federal courts. He was also a well-known arbitrator.

We consider our lives considerably enriched as a result of our long-time friendship with Glenn and his charming wife, Rosemary. He brought to the profession a high degree of integrity, sound scholarship and deep understanding of one's commitment to a life work. As one of his colleague's wrote: "Our fondest thoughts and vivid memories of this kind and gentle man will remain with those of us who knew him for decades to come. May he rest in peace."

We salute the life of a dear friend who was "arbitrator über alles."

Martha Driver