PSYCHOLOGICAL DETERMINANTS AND LEGAL INSTRUMENTS OF INTERNATIONAL ARBITRAL INSTITUTIONS IN THE RESOLUTION OF COPYRIGHT DISPUTES

Abstract

The article provides a comprehensive interdisciplinary analysis of psychological determinants and legal instruments employed by international arbitral institutions in resolving copyright disputes. The study is based on the understanding of copyright as a complex legal phenomenon that combines economic interests with a profound personal and psychological dimension, as creative output represents a form of the author’s identity expression and often gives rise to significant challenges when infringed. Therefore, the study of both copyright and related disputes, which are frequently transnational in nature, requires an interdisciplinary approach. The influence of cognitive biases, emotional attachment to creative works, and phenomena of psychological reactance on the behavior of parties in international arbitration disputes is analyzed. Particular attention is paid to the specific nature of conflicts in the field of intellectual property, where infringement is perceived not only as economic harm but also as a personal violation. The article examines the functioning of leading international arbitral institutions (ICC, LCIA, SIAC, WIPO) and their ability to adapt procedural mechanisms to psychologically complex categories of disputes. The necessity of integrating a psychological component into the arbitration process is substantiated, particularly at the stages of drafting arbitration agreements and preparing for dispute resolution. A concept of psychological support in arbitration is proposed as a tool for de-escalating conflicts, enhancing procedural fairness, and ensuring more effective enforcement of arbitral awards. The prospects for further development of international arbitration in the field of copyright are outlined in the context of interdisciplinary integration of law and psychology.