Sally Kotb

Sally Kotb

Partner
Habib Al Mulla & Partners - A member firm of Baker & McKenzie International

Biography

Sally Kotb is a partner in the UAE Dispute Resolution and International Arbitration practice of Habib Al Mulla & Partners, a member firm of Baker & McKenzie International. Sally has been featured as a Future Leader (Non-Partner) for Arbitration by Who's Who Legal in the UAE and as one of Africa's 50 Most Promising Arbitration Practitioners 2020 by the Association of Young Arbitrators. Her practice focuses on the resolution of both local and international commercial arbitration disputes across a broad spectrum of industry sectors, including construction, real estate, energy, distribution, M&A & shareholders' disputes. She also regularly acts as arbitrator under both ad-hoc and leading arbitral institutional rules, including the ICC, LCIA, DIAC, ADCCAC, CRCICA and the BCDR.

Practice Focus

Sally is experienced in providing strategic advice to clients on all contractual issues, including litigious risks and avoidance from a civil law perspective. Sally has extensive experience in drafting expert opinions on complex issues of UAE law and various civil law concepts in support of both international and domestic arbitrations. This is underpinned by her strong understanding of UAE laws and their application on various industry sectors owing to her civil law background and practice in the Middle East & Africa for the past twelve years. She also has particular experience in enforcement of foreign and domestic awards in the UAE.

Sally has acted as the regional representative of the LCIA Young International Arbitration Group (YIAG) for 3 years and has earned the internationally-recognized designation of Fellow from the prestigious Chartered Institute of Arbitrators (FCIArb).

In addition to organizing and speaking at conferences, Sally is also a registered trainer of the Dubai Legal Affairs Department (DLAD) training program, which aims to provide training and professional development of advocates and legal consultants in the Emirate of Dubai. Sally regular speaks at client conferences hosted by the ICC and DIAC, GAR, CIArb, ArbitralWomen, Dubai Arbitration Week, LCIA, Paris Arbitration Week.

Representative Legal Matters

  • Acting for a government entity in connection with a high-value complex construction dispute with LCIA proceedings seated in London and associated proceedings in Cyprus and Russia.
  • Acting for one of the leading international pharmaceutical companies on a multimillion-dollar DIFC-LCIA proceedings in relation to IP rights pertaining to the technology and software for the use of PBM solutions.
  • Advised on a multibillion AED corporate and commercial dispute between heirs of shareholders in a group of companies in the medical and pharmaceutical sector under the ADCCAC Rules, conducted in Arabic, via a court-appointed tribunal.
  • Advised on a multimillion-dollar dispute between a leading real estate developer and a group of leading investors in relation to dispute arising out of the performance of a shareholders agreement involving major real estate group of companies in the Gulf.
  • Advised on a multi-million dispute between an employer and contractor in relation to a dispute arising out of a construction contract over the execution of works in a project in Dubai under the DIAC Rules.
  • Advised on a multibillion AED investment dispute involving leading global money transfer and foreign exchange companies worldwide under the DIAC Rules.
  • Advised on a multimillion AED commercial construction dispute between contractor and sub-contractor for the execution of works for a project in Dubai.
  • Advised on several commercial real estate disputes under the DIAC Rules in relation to dispute between a major real estate developer and a group of investors.
  • Advised on a multimillion AED commercial real estate dispute between an initial purchaser and a second purchaser of a real estate property from one of the leading developers in the market under the DIAC Rules, conducted in Arabic.
  • Advised on several off-plan real estate disputes between a major real estate developer and a group of investors under the DIAC Rules, conducted in Arabic.

Professional Associations and Memberships

  • Egyptian Bar Association (2006) - Member
  • Chartered Institute of Arbitrators - Fellowship Diploma
  • Middle East Sub-Committee of the Equal Representation in Arbitration Pledge (ERA Pledge) - Member
  • Young Subcommittee of the ERA Pledge - Member

Admissions

  • Egypt (2006)
  • Dubai - Registered Legal Consultant

Education

  • Indiana University (LLM International and Comparative Law) (2009)
  • Alexandria University (LLB Faculty of Law) (2006)

Languages

  • Arabic
  • English
  • Co-Author, "A Complete Arbitration Framework in the Eyes of New DIAC Rules," Global Arbitration News, 2022.
  • Author, "Capacity to Enter into an Arbitration Agreement: No Longer a Matter of Public Policy," CIArb, 2022.
  • Author, "Recent Dubai Court of Cassation Judgment on Reference to the Arbitration Clause in a FIDIC Contract," Global Arbitration News, 2022.
  • Author, "Recent UAE Federal Supreme Court Judgment on Ambiguity of Arbitration Clauses," Global Arbitration News, 2022.
  • Author, "UAE Courts Offer Clarity on the Procedures for Enforcing Domestic and Foreign Awards," ICC Digital Library, 2020.
  • Co-Author, "UAE Arbitrators Need Fear No More", Client Alert, November 2018.
  • Author, "Overview Construction Disputes," Emirates Law Vol 11, October 2018.
  • Author, "Comparison of UAE and DIFC seated arbitrations," Global Arbitration News, 2021.
  • Author, "Construction and Projects in United Arab Emirates: Overview," Global Arbitration News, 2019.
  • Author, "Sneak Peek into the New DIAC Rules," November 2017.
  • Author, "She Factor: Why are Women Sidelined in Arbitration?" Khaleej Times, December 31, 2016.
  • Author, "Practice Note: Construction Arbitration in the UAE," Thomson Reuters 2016.
  • Author, "Recent Trends in International Arbitration," IFLR 2015.
  • Co-Author, "Recent Developments on Arbitration in the UAE," Baker McKenzie, International Arbitration Yearbook, 2016.
  • Co-Author, "Mediation Processes as Strategic Tools for Arbitration Counsel," January 2012.
  • Co-Author (together with Dr. Gordon Blanke), "Annotated Guide to Arbitration in the UAE - Volume 1: The UAE Arbitration Chapter," Thomson Reuters, 2014.
  • Co-Author, "Mediation Processes as Strategic Tools for Arbitration Counsel," IBA Newsletter, January 2012.
  • Co-Author (with Dr. Gordon Blanke and Soraya Corm Bakhos), Article in Arabic on the Development of Enforcement of Foreign Arbitration Awards in the UAE, November 2012.
  • Co-Author (with Dr. Gordon Blanke and Soraya Corm Bakhos), "Have the UAE Courts Started to Enforce Foreign Arbitration Award in Accordance with the Provisions of the New York Convention?" March 2013.