Christian Bale has already bemoaned that he is contractually obligated to return for Batman 3 whether Christopher Nolan is involved or not. While Nolan and writer David Goyer have been discussing possible story ideas for some time, Bale may be without the director that revitalized the Batman franchise with Batman Begins and The Dark Knight.
According to a source speaking with Batman-on-Film, it took a lot of convincing to bring Nolan back for The Dark Knight, but after Heath Ledger's tragic death, it may be impossible to convince the director to come back again. The source confirmed that Nolan, Goyer, and Jonathan Nolan have discussed story ideas, but had originally intended for the Joker to return in Batman 3, creating a problem they have not been able to solve. So far, no decisions have been made regarding the story for Batman 3, pushing the movie's release until 2012 or, possibly, 2013.
Nolan is currently working on Inception, his sci-fi thriller starring Leonardo DiCaprio. Obviously, fans would love to have Nolan return for the third Batman, but until Nolan's involvement is official, they will have to find solace in a report from February that said Nolan's studio deal for Inception included an agreement to make Batman 3. Keep your fingers crossed.