Legal and Corporate Approaches to Resolving Impasse Situations in Corporate Practice: Comparative Analysis and Perspectives For Modern Corporate Practice

Abstract

Corporate impasse — one of the most difficult problems in modern corporate management. It occurs when shareholders or directors cannot reach an agreement on issues that are important to the functioning and development of the company. Such situations are especially common in companies with a limited number of shareholders, family enterprises and joint ventures, where ownership rights and votes are distributed equally. Corporate deadlock can lead to paralysis of decision-making, financial losses, damage to reputation, litigation and even liquidation of the company. In this article, the concept, causes, consequences and legal mechanisms of corporate deadlock are discussed based on a comparative analysis of the practice of corporate governance in Romania, Spain and Great Britain. Special attention is paid to shareholder agreements, alternative dispute resolution mechanisms and contractual provisions on share buybacks, such as the "Russian Roulette" and "Texas Shootout" clauses. In the study, it is argued that preventive management mechanisms are more effective than judicial means of protection after the conflict. Кроме, продаються recommendations on improving the framework of corporate governance and minimizing the risks of deadlock in modern corporations.