Question juridique clé
Whether the arbitral tribunal had jurisdiction ratione personae over Y. S.p.A.
Solution extraite
The tribunal excluded jurisdiction too quickly; the award had to be set aside on that point and the tribunal must reconsider the subsidiary question.
Motifs extraits
The letters and protocols of April/May 2004, read under Swiss good-faith principles, could support an adherence of Y. Group to the contracts and arbitration clauses. The tribunal wrongly treated the matter as settled and failed to address the subsidiary succession question.