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. If no original is presented, the carrier can hold the goods indefinitely. That is not obstruction. If the carrier releases without one, it can face a claim from whoever turns up later holding the paper.
Establish which set is missing
Bills are usually issued as a set of three originals. Surrendering any one of them collects the cargo. So the first question is whether all three are lost, or only some. If one is lost in the post and you have the other two, there is no problem. Present one of those.
If the whole set is gone, you are asking the carrier to do something it is not obliged to do. The rest of this post applies.
The package the carrier will ask for
Expect to put together most of the following. Carriers differ, but the list is broadly the same:
A letter of indemnity, from the shipper and usually also from the consignee. It holds the carrier harmless for releasing without presentation. This is the core document. The carrier's own wording is generally not negotiable.
A bank guarantee backing that indemnity. This is the expensive part. Guarantees are commonly set at 100% to 200% of the cargo value. The bank will count it as exposure against your credit facility. It usually stays in place for six years, matching the limitation period for a claim, though many carriers will release it earlier if asked.
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 to the goods. Under a letter of credit, this 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 the cargo value has to be approved as credit exposure. That is a lending decision, made by people who do not care that your container is running up demurrage. Start it the day you know the originals are gone.
Meanwhile the container sits. Free time runs out, demurrage starts, and the cost of the delay is often more than the cost of the guarantee.
Avoiding it next time
Most lost-original cases happen because a document of title was couriered somewhere it did not need to go. There are two ways to avoid that:
A sea waybill. The cargo is released to the named consignee on proof of identity. No original is surrendered. This is the right choice whenever you are not using the cargo as security for payment. For example an intercompany move, or a customer you have shipped to for years.
A telex release. You surrender the originals at origin, and the carrier releases at destination electronically. The document of title still exists, but it does not travel.
Neither is suitable for an unpaid shipment where the bill is your security. There, the originals really do need to move. Use a courier with tracking, and keep a record of who sent what to whom.