R. Euna Kim

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On August 3, 2015, the California Supreme Court issued a long-awaited opinion that provides further clarity on the standard of unconscionability needed to invalidate an arbitration agreement. The court determined that its prior formulations of unconscionability, characterized by the terms “overly harsh,” “unreasonably favorable” or “shock the conscious,” were essentially similar. And the court concluded that while the standard of “shock the conscious” is not the only test for unconscionability, an arbitration agreement must be…