hmmm..  NAFTA is an agreement that economic activity can not be discouraged by poltical means..

( http://www.eenews.net/stories/1060030286 )

TransCanada's notice kicks off with a quote from White House spokesman Josh Earnest saying, "I would venture to say that there's probably no infrastructure project in the history of the United States that's been as politicized as this one."

The complaint goes on to say that the Obama administration violated its NAFTA obligations because "the delay and the ultimate decision to deny the permit were politically-driven, directly contrary to the findings of the Administration's own studies, and not based on the merits of Keystone's application."

TransCanada first submitted an application to build a crude oil pipeline from Canada to the United States in 2008. President Obama rejected the pipeline in November -- seven years later.

Challenges under NAFTA's Chapter 11 go before tribunals made up of three arbitrators -- one selected by each of the parties involved and a third "presiding" arbitrator agreed to by both parties or appointed.

"I think that probably it will take up to a year before the actual panel is put together," Herman said. First the formal claim must be filed, followed by the U.S. government's response.

The hearing would likely take place in a neutral location, because both parties would want to feel like they had a level playing field, he added. Ultimately, Herman said, "I think we're looking at two to three years in this case."

Parties could reach a settlement before the dispute gets that far. "I'd say the minority make it all the way through," Herman said of Chapter 11 claims. "Most are either settled or withdrawn."