TransCanada CEO Russ Girling. (Photo: The Canadian Press)The U.S. government has never been defeated by a company seeking damages under the North American Free Trade Agreement — but trade experts say that's no reason to discount TransCanada's chances this time. TransCanada has given notice that it intends to seek US$15 billion in damages over U.S. President Barack Obama's rejection of the pipeline in November. Jim Rubin, a Washington, D.C.-based lawyer with Dorsey & Whitney, says there's no formal obligation for NAFTA tribunals to follow precedents set in past cases, like there would be in a more typical court case. However, past cases could be highlighted as a means to persuade a panel — and another expert says a recent case involving a U.S company's attempt to build a quarry in Nova Scotia may work in TransCanada's favour.
TransCanada has a "good shot"
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