I appreciate this legal reasoning might not be very satisfying, particularly in light
of your
hypothetical, and while I personally disagree with the effect being a religious business owner may indirectly impose their beliefs upon their employees, I nonetheless see the decision as a correct
application of the
law (i.e. RFRA) as written.
See, in particular, Pieter Sanders, A Twenty Years» Review
of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards, 13 Int» l
Law 269 (1979); Jan Paulsson, Towards Minimum Standards
of Enforcement: Feasibility
of a Model
Law, in Improving yhe Efficiency
of Arbitration Agreements and Awards: 40 Years
of Application of the New York Convention 574 (A.J. van den Berg ed., 1998); Albert Jan van den Berg,
Hypothetical Draft Convention on the International Enforcement
of Arbitration Agreements and Awards, AJB Rev 06 (May 2008).