Emanuella Agostinelli

Ms. Agostinelli specializes in domestic and international litigation and arbitration with particular reference to commercial, insolvency, insurance and finance sectors and she provides extra-judicial and judicial assistance to Italian and foreign corporations, insurance companies and banks in complex disputes at every judicial level of the Italian system, including the Supreme Court.

Ms. Agostinelli has over twenty-five years of experience as counsel and arbitrator in international, commercial and investment arbitrations, including appearances before various ad hoc and ICC arbitral tribunals. She also has notable experience in both in-court and out-of-court restructurings, reorganizations and liquidations. In this ambit, she has strong insolvency litigation expertise and advises on various issues that arise before and after the commencement of formal insolvency proceedings and liquidations.

On the commercial ambit, Ms. Agostinelli has long experience in the Food & Beverage sector, advising a wide range of clients throughout the industry and on a broad range of matters, including those involving franchise networks, labelling and other regulatory compliance, litigation, corporate governance and transactions. Assistance to first-tier food large-scale distribution operators on a variety of matters, spanning from food law compliance to new technologies applied to retail, is also a mainstay of Ms. Agostinelli’s practice, together with the capability to advise on international expansion and reorganization of store networks.

The Path to Harmonisation of EU Insolvency Legislation: the Italian Perspective, International Corporate Rescue, Volume 21, Issue 5, 2024.

New Takes on the New Italian Code of Business Crisis and Insolvency: an Ending or a Starting Point?, International Corporate Rescue, Volume 20, Issue 1, 2o23.

The New Italian Code of Business Crisis and Insolvency and the COVID-19 Era: a Comparison and some Food for Though, International Corporate Rescue, Volume 18, Issue 4, 2021.

Overview and First Thoughts on the New Insolvency Code, International Corporate Rescue, Volume 16, Issue 2, 2019.

Italian Non-performing Loans at a Glance between Recent Legislative Changes and the Market Perspective, International Corporate Rescue, Volume 14, Issue 4, 2017.

Business Support and Faster Credit Recovery in Light of new Italian Rules, International Corporate Rescue, Volume 13, Issue 5, 2016.

Latest Developments in Italian Restructurings in Light of the Justice for Growth Decree, International Corporate Rescue, Volume 12, Issue 5, 2015.

The Preventive Arrangements with Creditors and its Application and Critical Issues under Italian Bankruptcy Law, International Corporate Rescue, Volume 11, Issue 5, 2014.

New Italian Restructuring Options in the Light of the Latest Reforms, International Corporate Rescue, Volume 10, Issue 3, 2013.

Debiti, una soluzione per le crisi d’impresa, Milano Finanza, 19 novembre 2011.

Tactics in M&A Arbitration, German Law Publishers, 2009.

The "Counter Reform" of the Italian Bankruptcy Law, International Corporate Rescue, vol. 5, Issue 3, 2008.

Italian Companies Subject to Bankruptcy and Preventive Arrangements with creditors. The declaration of Bankruptcy of a Group of Companies, International Corporate Rescue, vol. 4, Issue 3, 2007.

Key points of Italian Bankruptcy Law Reforms, International Corporate Rescue, vol. 3, Issue 4, 2006.

Italian Extraordinary Administration Procedures in the wake of Cirio and Parmalat and an Overview of the Current Italian Bankruptcy Law Reforms, International Corporate Rescue, vol. 2, Issue 3, 2005.

Osservazioni a Cassazione 11 gennaio 1999, n. 169, Giurisprudenza Commerciale 2000, II, p. 10 ss.

Facoltatività della discussione orale e avveramento di eventi interruttivi successivamente alla precisazione delle conclusioni, Giurisprudenza italiana, III, 1998, p. 3 ss.

Osservazioni a Tribunale di Genova 1 luglio 1993 in tema di vendita fallimentare di immobili, Giurisprudenza Commerciale, 1995, II, p. 779 ss.