Mgr. Michal Čáp, LL.M., MCIArb
Senior Associate / Praha

Michal has represented numerous clients (predominantly on the plaintiff’s side) at the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic (the “Arbitration Court”) in commercial disputes, mainly arising from work contracts or JV agreements.

As a member of the panel or sole arbitrator, he has adjudicated disputes at the Arbitration Court involving, among others, contracts and unpaid rent. He has also acted as de facto tribunal secretary in dozens of cases, especially at the Arbitration Court, including the preparation of procedural decisions.

He co-lead a team providing a legal opinion to the client on its investments (investor – state), arbitration proceedings against a state in the CEE region.

He represented a Czech bank in proceedings in which the plaintiff (an unsuccessful defendant in arbitration proceedings) sought to have an arbitration award worth almost EUR 5 million annulled, including a submission to the Supreme Court of the Czech Republic, which confirmed the validity of the previous arbitration award.

He leads a team handling the dispute agenda of the largest water utility group in the Central European region, including negotiating an out-of-court settlement.

He advises international financial companies on resolving disputes with competitors, customers and former employees (including prevention of these disputes). In addition, he provides general legal advice and represents clients in various stages of proceedings before public administration bodies (especially before the Czech National Bank) and ensures the provision of cooperation to law enforcement authorities.

He provided legal advice to a client regarding the lease of commercial premises in Prague, including the negotiation of a settlement agreement.

He provides legal advice to a bank and/or insurance company on export financing: various analyses and legal opinions, often involving a foreign element (including coordination with cooperating global law firms).

He provides legal advice to an Asian bank in connection with the assessment of the validity of collateral documentation, including the assessment of possible steps that the Asian creditor could take vis-à-vis the Czech target company.

He is a key member of the team representing a major player in the waste management sector in hundreds of administrative proceedings, dozens of administrative lawsuits and various (pre-lawsuit) negotiations with its suppliers or contractual partners.

He is currently representing an athlete in a doping case before the relevant sports federation, including submissions before the Arbitration Commission of the Czech Olympic Committee.

He is part of the team that successfully represented Matěj Tóth, the Slovak Olympic gold medalist in race walking, in disciplinary proceedings before the Disciplinary Commission of the Slovak Athletics Association, regarding the IAAF’s allegations of blood doping (biometric passport of the athlete).

He represented a Czech racecar driver in all three stages (disciplinary commission, appeal commission and Arbitration Commission of the Czech Olympic Committee) of proceedings related to the suspected use of prohibited substances.

He represents several clients (plaintiffs and defendants) in court/arbitration proceedings related to the recovery of their business claims, including anticompetitive protection (recently his team won an appeal to the Supreme Court).

He participated in advising a Czech mobile operator in its dispute with its alleged service supplier.

He negotiated a settlement and an installment agreement on behalf of an English pharmaceutical company with direct enforceability with the debtor, a Czech company.

He provided legal advice to a major Czech IT company regarding imminent multijurisdictional disputes and helped revise its template contract documentation.

He has participated in the acquisitions and sales of various companies, both in the Czech Republic and abroad (Hungary, USA, etc.).

He represented an Asian financial broker in proceedings under the Criminal Code regarding the seizure of their accounts in the Czech Republic.

He provided the client, an individual investor, with advice in negotiations with suppliers and contractors of his real estate. The parties’ disputed rights and obligations were resolved by a settlement agreement.

In addition to his litigation agenda, Michal handles legal relations with real estate, represents both sellers and buyers, and prepares/revises future contracts, purchase contracts and escrow agreements. He also advises on the lease of real estate or establishment of easements (with a focus on water management infrastructure, including other related disputes).