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NEWS
The Swiss Arbitration Association (ASA), in collaboration with Jus Mundi’s Jus Connect, has announced the world’s first Tribunal Secretary Platform. This platform aims to aid arbitrators in connecting with the optimum external tribunal secretary for their case and provide a range of related resources for practitioners. The platform additionally offers ASA templates and notes covering topics such as remuneration, tasks, impartiality and procedural orders, to help practitioners organise discussions and appointment procedures and encourage overall efficiency throughout the arbitration process.
NEWS
The Swiss Arbitration Association (ASA) is actively participating in the UNCITRAL Working Group III (WG III) discussions on investor-state dispute settlement (ISDS) reform. This report marks the first of a series covering ASA’s engagement in these meetings. Christine Kaddous and Dolores Bentolila represented ASA at the WG III sessions held in September 2024 and January 2025. During both meetings, states continued their discussions on two key areas of reform: (i) the Draft Statute on a Standing Mechanism and (ii) the Draft Procedural and Cross-Cutting Issues Provisions. Christine Kaddous and Dolores Bentolila discuss ASA’s participation in WG III meetings on investor-state dispute settlement reform.
NEWS
The Advertising Standards Authority (ASA) has cautioned parents and carers about online advertisements for baby products and services following a large-scale health-sector monitoring exercise using its artificial intelligence (AI)-powered Active Ad Monitoring system. The exercise identified 350 online advertisements, while a review found that 59% of those assessed were considered high risk and 60 were identified for follow-up action because of the potential risk of physical harm. The ASA’s main concern was sleep and elevation devices, which made up 56% of the advertisements assessed. Problematic advertisements included claims that lying flat was the problem and that positioning or elevation could reduce reflux or colic or improve sleep. They also included images of babies strapped into potentially unsafe sleep devices and claims relating to sudden infant death syndrome and flat head syndrome, including suggestions that products could reduce associated risks.
NEWS
The Advertising Standards Authority (ASA) has published a guidance article outlining its remit on cross‑border ads, confirming that the Committee of Advertising Practice (CAP) Code applies to non‑paid‑for marketing from UK‑registered marketers, marketing on ‘.uk’ domains and paid‑for ads that target UK consumers, including where ads appear on UK‑based websites, use location‑based targeting, or feature UK‑specific content such as prices in Pounds Sterling or UK‑only products. It explains that non‑paid‑for marketing by marketers without a UK address and paid‑for ads not aimed at UK consumers fall outside remit, though these may be referred via the European Advertising Standards Alliance where an equivalent body exists. The ASA notes it may still act where no referral is possible and ads specifically target UK consumers, indicated by factors such as UK contact details, invitations to UK premises or Sterling pricing.
NEWS
The Swiss Arbitration Association (ASA) has announced the election of Andrea Meier of Walder Wyss, Zurich, as its 10th President, alongside Noradèle Radjai of Lalive, Geneva, as Vice President, following the General Meeting held on 25 September 2025. Their three-year terms will begin on 1 January 2026, succeeding Felix Dasser of Homburger, Zurich, who served as President for six years and has been appointed Honorary President. Ten new board members were also elected, representing firms across Europe, the Middle East and the United States, while several long-serving members will step down at the end of the year. In her remarks, Meier expressed gratitude for the trust placed in her and emphasised ASA’s role as an open and collaborative organisation promoting peaceful dispute resolution. She and Radjai acknowledged Dasser’s contributions, including his leadership in uniting ASA with the Swiss Arbitration Centre and strengthening its global standing. ASA Executive Director Korinna von Trotha also paid tribute to Dasser’s vision and service, as the association prepares for its next phase of growth under new leadership.
NEWS
The Advertising Standards Authority (ASA) has published a blog post discussing how it has addressed 'Dark Patterns' in past rulings under the CAP Code. The post examines key concerns related to choice structure, choice pressure, and choice information presentation, highlighting cases where misleading design decisions in third-party reward programmes and subscription services breached the Code. While features like countdown timers and scarcity indicators are not inherently problematic, advertisers must ensure claims are genuine, verifiable, and not used to manipulate consumer behaviour.
NEWS
The Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) have issued an enforcement notice addressing gambling ads with strong appeal to under-18s, primarily on social media and falling within the remit of the CAP Code. The notice states that paid-for ads and non-paid-for ads, including those posted on an advertiser’s own social media account, must not be likely to be of strong appeal to under-18s, noting that ads breaching CAP Code 16.3.12 continue to occasionally be published. Advertisers are required to review advertising and social media content to ensure compliance, and any live ads with such appeal should be amended or withdrawn immediately, while future publication of similar content should be avoided.
NEWS
TMT analysis: From the 5 January 2026, ads for ‘identifiable’ less healthy food and drink products will be banned from appearing on television between 5.30 am and 9.00 pm, on on-demand programme services between 5.30 am and 9.00 pm, and in paid online media at any time. Alongside exemptions for SME’s and media outside scope (such as radio, press and posters), the regime creates a safe harbour for ‘brand advertisements’. Brinsley Dresden, Rebecca Moore, and Helen Hart of Lewis Silkin consider the issues.
NEWS
The Advertising Standards Authority (ASA) has launched two projects to better understand where responsibility lies for inappropriately targeted and irresponsible online ads. The projects will involve the ASA examining the supplier pathway of online ads that breach the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). The ASA will use these findings to identify the parties involved in the supplier pathway of these non-compliant ads, assess the part played by the advertiser, publisher, and intermediary companies that sit between them and seek their input to better understand how the ads came to appear.
NEWS
The Advertising Standards Authority (ASA) has published an article on joint partnerships on Instagram and its rationale behind its May 2024 ruling, where it upheld complaints made against ads from TALA, an active wear company owned by Grace Beverly. In the ruling, four TikToks were posted by Beverley and two Instagram reels were jointly published by both Beverley and TALA, which were not obviously identifiable as ads. The ads were subsequently banned by the ASA. Though some commentators disagreed with ASA’s decision, the ASA considered the complaints and the advertiser’s response and concluded that the ads were not obviously identifiable as ads in this case. As joint publishing feature on Instagram allows two accounts to simultaneously post the same content, which allows brands and influencers to seamlessly combine editorial and advertising into streamlined content for multiple audiences, this meant the lines between editorial and advertising are blurred. People will not know immediately that they are viewing an ad. The ASA further noted that the influencer and the brand are responsible for clearly stating the ad is an ad and making it identifiable as an ad, and that the onus is not on the public to figure out whether social media content is advertising or not. The ASA also explained different scenarios according to context where an ad could be deemed obviously identifiable without adding any extra ‘ad’ label.
NEWS
Law360, London: The UK's advertising regulator told two law firms on 24 September 2025 that they must remove Facebook and website promotions relating to 'no win, no fee' group action compensation claims, finding that they failed to include important information about service fees.
NEWS
The Advertising Standards Authority (ASA) has published its 2023 Annual Report. The Report focuses on the ASA's AI-based 'Active Ad Monitoring' system that processed three million ads in 2023 and should process ten million in 2024, thus allowing the ASA to review adverts more quickly and efficiently. Also, the Report reviews the ASA's new strategy, ‘AI-assisted, collective ad regulation’, launched in 2023, highlighting how the ASA prioritised proactive regulatory projects, further shifting away from complaints-led investigations towards front-foot ASA-led monitoring and enforcement action. This helped support the authority's focus on tackling ad-related societal concerns in areas such as green claims, youth vaping, body image, gambling, and prescription-only-medicines. Other noteworthy points presented by the Report include the ASA's work in partnership with the Competitions and Markets Authority and the Financial Conduct Authority, as well as examining the potential harm arising from the use of digitally altered images in ads.