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What to do when the original bill of lading is lost

A negotiable bill of lading is a document of title. The carrier releases the cargo against an original, and if no original appears the carrier is entitled to hold the goods indefinitely. That is not obstruction — releasing without one exposes the carrier to a claim from whoever turns up later holding the paper.

Establish which set is missing

Bills are usually issued in a set of three originals, and surrendering any one collects the cargo. So the first question is whether all three are lost or only some. If one is missing in the post and the other two are in your hand, there is no problem: present one of those.

If the whole set has gone, you are asking the carrier to do something it is not obliged to do, and the rest of this applies.

The package the carrier will ask for

Expect to assemble most of the following. Carriers differ, but the shape is consistent:

A letter of indemnity, from the shipper and usually also from the consignee, holding the carrier harmless for releasing without presentation. This is the core document and the carrier's own wording is generally non-negotiable.

A bank guarantee, counter-signing that indemnity. This is the expensive part. Guarantees are commonly set at 100% to 200% of the cargo value, and the bank will take that as an exposure against your facility. It typically stays in place for six years, matching the limitation period for a claim, though many carriers will release it earlier on request.

A statement of loss explaining how the originals were lost, signed by whoever lost them.

Copies of the shipment file — the commercial invoice, the packing list, and the bill of lading itself if you have a non-negotiable copy.

Evidence of who is entitled, which under a letter of credit means the bank confirming it holds no claim to the goods.

Where it becomes slow

The bank guarantee is the bottleneck, not the carrier. A guarantee at twice cargo value has to be approved as credit exposure, and that is a lending decision made by people who do not care that your container is accruing demurrage. Start it the day you know the originals are gone.

Meanwhile the container sits. Free time keeps running, demurrage starts, and the cost of the delay frequently exceeds the cost of the guarantee.

Avoiding it next time

Most lost-original incidents happen because a document of title was couriered somewhere it did not need to go. Two ways out:

A sea waybill, where the cargo is released to the named consignee on identification and no original is surrendered. Right whenever you are not using the cargo to secure payment — an intercompany move, a customer you have shipped to for years.

A telex release, where you surrender the originals at origin and the carrier releases at destination electronically. Keeps the document of title in existence but stops it travelling.

Neither is appropriate on an unpaid shipment where the bill is your security. There the originals genuinely do need to move, and the answer is a courier with tracking and a record of who sent what to whom.