Renegotiation of Australia's Bilateral Investment Treaties

The Department of Foreign Affairs and Trade (DFAT) has commenced a process to renegotiate our decades-old bilateral investment treaties (BITs).

Consistent with the Government's November 2022 policy, key objectives to be addressed in BIT renegotiation include modernising investment protection provisions to reflect current best practice. We aim to ensure there are explicit protections for governments' right to regulate in the public interest (including in relation to the environment and public health) and to remove or reform investor-State dispute settlement (ISDS) provisions. At the same time, we seek to ensure that investors' rights remain protected and that we maximise opportunities to facilitate investment flows that support energy transition, jobs and economic prosperity.
DFAT will continue to provide information and updates on this website. Requests for additional information can be made by email to: BITreformsubmissions@dfat.gov.au.

Czechia, Egypt, Hungary, Lithuania, Poland and Romania

Czech Republic (Date of entry into force: 29 June 1994)
Agreement between Australia and the Czech Republic on the Reciprocal Promotion and Protection of Investments
Egypt (Date of entry into force: 5 September 2002)
Agreement between the Government of Australia and the Government of the Arab Republic of Egypt on the Promotion and Protection of Investments
Hungary (Date of entry into force: 10 May 1992)
Agreement between Australia and the Republic of Hungary on the Reciprocal Promotion and Protection of Investments
Lithuania (Date of entry into force: 10 May 2002)
Agreement between the Government of Australia and the Government of the Republic of Lithuania on the Promotion and Protection of Investments
Poland (Date of entry into force: 27 March 1992)
Agreement between Australia and the Republic of Poland on the Reciprocal Promotion and Protection of Investments
Romania (Date of entry into force: 22 April 1994)
Agreement between the Government of Australia and the Government of Romania on the Reciprocal Promotion and Protection of Investments

Call for Submissions

DFAT has commenced preliminary consultations to renegotiate BITs with Czechia, Egypt, Hungary, Lithuania, Poland and Romania.

Submissions are sought from interested parties to inform Australia’s negotiating position in modernising these BITs.

Content of Submissions

We seek views on the key priorities to be taken forward as part of a BIT renegotiation, and any issues that should be addressed with specific partners.

Submissions may address any issue relating to renegotiation of our BITs with these countries. Without intending to limit the nature or scope of submissions, stakeholders may wish to address the types of safeguards that should be included to protect the Government’s right to regulate in the public interest or the nature and extent of investor protections that should be included. Views on specific sectors where bilateral facilitation or enhanced collaboration between the parties would be useful, are also welcome.

Other issues that stakeholders may wish to submit views on may include the scope of a renegotiated BIT, preferred exclusions from scope and dispute settlement. Stakeholders are also invited to consider and comment on the commercial, economic, regional, and other impacts that could be expected to arise from renegotiating Australia’s BITs with Czechia, Egypt, Hungary, Lithuania, Poland and Romania respectively.

These suggestions are not intended to limit the issues stakeholders may wish to address in their submissions.

DFAT notes that general points raised by stakeholders in earlier submissions on the renegotiation of BITs with Argentina, Pakistan and Türkiye, including on investor-State dispute settlement, will be taken into account automatically in considering Australia’s approach to future BIT renegotiations.

Submissions and confidentiality

Written submissions may take several forms – from a short email through to a comprehensive analytical paper. By making a submission, the author(s) agree to their submission, or part thereof, being used by the Commonwealth of Australia for Commonwealth purposes.

All submissions will be treated as public and will be published on this website, unless the author specifically requests that the submission, or part thereof, be handled in confidence. Details for publication include the name of the submitting organisation or individual and all information included in a submission, including contact information. DFAT will not edit submissions prior to publishing.

Submitters may request that all, or part, of a submission be treated as confidential. Material supplied in-confidence should be clearly marked 'IN CONFIDENCE' and provided in a separate attachment to non-confidential material.

Submissions may be lodged as follows:

By email:

BITreformsubmissions@dfat.gov.au

By mail:

Bilateral Investment Treaty Reform Coordinator
Trade Law and Economic Security Division
Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
Barton ACT 0221

Submissions should be lodged no later than COB Friday 27 February 2026.

Stakeholder consultations

The Department anticipates conducting virtual/in-person roundtables with interested stakeholders with dates to be advised. To register your interest to attend an in-person or virtual consultation session please email: BITreformsubmissions@dfat.gov.au.

Argentina, Pakistan and Türkiye

Argentina (Date of entry into force: 11 January 1997)
Agreement between the Government of Australia and the Government of the Argentine Republic on the Promotion and Protection of Investments, and Protocol
Pakistan (Date of entry into force: 14 October 1998)
Agreement between Australia and the Islamic Republic of Pakistan on the Promotion and Protection of Investments
Türkiye (Date of entry into force: 29 June 2009)
Agreement between Australia and the Government of the Republic of Turkey on the Reciprocal Promotion and Protection of Investments

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