Mgr. David Fyrbach, LLM
Partner and Attorney
David specializes in corporate law, transformations, acquisitions, capital market law, and litigation arising from these specializations. He says it’s these areas that have chosen him over the years—not vice versa. He and his corporate team have successfully handled several large transactions involving the sale of a company, an investor joining a startup, or a corporate restructuring.
Financial markets, investment funds, or unfair competition... David's experience reaches way beyond the borders of the Czech Republic. He studied corporate law at the University of Passau and has represented clients in investment protection litigations in Switzerland and the UK.
He is an arbitrator at DIS and the Arbitration Court of the Chamber of Commerce and Agrarian Affairs and VIAC. Besides his career commitments, he likes to read and write a lot. He is a co-author of the book Limited Liability Company, published by Wolters Kluwer.
He is fluent in Czech, German, and English.
Specializations
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Corporate law and M&A
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Dispute resolution and insolvency
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Finance and capital markets
More on David
University of Passau, Germany, Faculty of Law, Degree Programme: Law, academic title: LLM (2007)
Charles University Prague, Faculty of Law, Master’s Degree Programme: Law, academic title: Mgr. (2005)
University of Passau, Germany, Urkunde über Grundkentisse des deutschen Rechts (2003)
Since 2013: Feichtinger Žídek Fyrbach Attorneys, Partner
2007–2012: ROWAN LEGAL, Trainee Attorney, Attorney, Partner (Head of the Litigation Desk)
2005–2007: Cunningham & Matas, Trainee Attorney
Czech Bar Association
Arbitrator registered with the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic
Arbitrator registered with the German Institute of Arbitration, (Deutsche Institution für Schiedsgerichtsbarkeit)
Arbitrator registered with the Austrian Arbitration Association (Austrian Arbitration Association)
Arbitrator registered with the International Arbitration of the Vienna International Arbitral Centre (VIAC)
Fyrbach, D., Filip, V.: Společnost s ručením omezeným [Limited Liability Company], Wolters Kluwer 07/2016
Fyrbach, D., Filip, V.: Nová pravidla střetu zájmů v obchodních korporacích [New rules on conflicts of interest in business corporations], REKODIFIKACE & PRAXE, 9 und 10/2015
Fyrbach, D., Olík, M.: The Competence of Investment Arbitration Tribunals to Seek Preliminary Rulings from European Courts, Revista Romana de drept European, Wolters Kluwer 6/2012
Fyrbach, D., Olík, M.: Are the Intra-EU Investment Disputes at their End/How the EU may contribute to the Effectiveness of Intra-EU Investment Disputes, The European & Middle Eastern Arbitration Review 2011, GAR
Fyrbach, D., Olík, M.: The Competence of Investment Arbitration Tribunals to Seek Preliminary Rulings from European Courts, Czech Yearbook of International Law 2011
Omezení manželů při nakládání s majetkem ve společném jmění manželů a při podnikání [Restrictions on spouses in the disposal of matrimonial property and business], Lidové noviny
Corporate law and mergers and acquisitions
Representation of the owner of a hop-producing company in the sale of the company to a leading Czech agricultural company (2023)
Representing the owner of IT company Kentico in its primary and secondary investment by UK investment fund Expedition Growth Capital (2022)
Advising on the management buyout of GPD, one of the largest Czech tyre wholesalers (purchase price approx. EUR 9 million, 2022)
Representing GrandIT in the establishment of a joint venture for the distribution of e-content with EUROMEDIA GROUP (2023), a leading Czech publishing house
Representing a client owning an IT company specializing in cashless payment solutions to a Polish listed company (purchase price approx. CZK 200 million)
Representation of a client owning an IT company developing software solutions for passenger transport (purchase price approx. CZK 500 million)
Finance and capital markets
Issue of bonds and preparation of prospectus for a major group operating PV and hydropower plants worth CZK 1 billion
Issue of non-prospectus bonds
Preparation of a GBP 20m credit line for the purchase of UK hydroelectric power plants
Restructuring of a CZK 1bn loan to a leading global bank
Establishment and drafting of the statute of qualified investor mutual funds specializing in currency trading (FOREX)
Representing a client in a dispute with a leading Czech bank over compensation for damages caused by the sale of a DAX-traded investment certificate arising from the client's lack of familiarity with the operation of the certificate
Litigation and insolvency
Representation of former regional directors in a dispute against a major financial consulting company on the grounds of unfair competition, with the value of the dispute exceeding CZK 150 million
Representing a shareholder of a major energy trader in a dispute against members of the company's board of directors for damages caused by breach of due diligence (value of the dispute approx. CZK 30 million)
Representing a client in insolvency proceedings against Sberbank in filing claims in excess of CZK 90 million
Arbitration proceedings
Support in representing the sellers of a leading Czech financial advisory group against a global financial group in a dispute arising out of an alleged breach of the R&W (ICC, 2021–2022)
Representing a chemical company in a dispute relating to the construction of an ammonia plant in Iran (ICC)
Legal support in various international investment disputes
Albert Jan Oostergetel v. Slovak Republic (UNCITRAL)
Eureko (ACHMEA) v. Slovak Republic (UNCITRAL)
Frontier Petroleum Services v. Czech Republic (UNCITRAL)
Local support in international investment disputes
HICEE v. Slovak Republic (UNCITRAL)
EURAM Bank v. Slovak Republic (UNCITRAL)
Representation in international investment disputes, e.g. Albert Jan Oostergetel v. Slovak Republic, Eureko v. Slovak Republic, and Frontier Petroleum Services v. Czech Republic
Representing a client in the preparation of the sale of companies worth CZK 5 billion
Representing a client in the sale of an ICT company worth CZK 200 million
Preparation and execution of a merger of ICT companies with a total value exceeding CZK 1 billion
Establishment and suitable business set-up of a qualified investor fund
Restructuring of a loan for a leading global bank in the amount of CZK 1 billion
Other
Contract with a developer to find and develop a logistics centre for a major food chainz