SPECIAL METHODS OF PRE-TRIAL RESOLUTION OF CORPORATE CONFLICTS AT THE DEADLOCK STAGE: "RUSSIAN ROULETTE", "TEXAS SHOOT-OUT" AND "DUTCH AUCTION" MECHANISMS

Tikhonov Roman Igorevich

The article is devoted to the theoretical study and comparative legal analysis of special mechanisms for pre-trial resolution of corporate conflicts at the stage of a deadlock. Three mechanisms for overcoming a corporate deadlock are considered: clauses of the "Russian roulette", "Texas shootout" and "Dutch auction" types. Their legal nature, implementation procedure, advantages and disadvantages, as well as experience of application are analyzed. The work uses the formal legal method and the comparative legal method, which allow us to identify the features of regulation of these mechanisms in various jurisdictions. Based on the results of the study, conclusions are made about the admissibility and effectiveness of introducing such clauses into corporate agreements.

Keywords:deadlock, corporate conflict, deadlock, pre-trial dispute resolution, buy-sell clauses, shareholders' agreement, "Russian roulette", "Texas shootout", "Dutch auction".