How to remedy a lost bill of lading?

Loss of shipping documents in express delivery often prevents the consignee from taking delivery of the goods at the port of destination against the original bill of lading. In practice, the consignee generally takes delivery against a copy of the bill of lading, or the carrier reissues a new set of bills of lading for the shipper to take delivery and settle foreign exchange, or the exporter authorizes the carrier to release the goods by telex. Under the above methods, the carrier usually requires the cargo party to provide reliable security.

For the issuance, circulation and loss handling of bills of lading, see Use of Ocean Bills of Lading; for the definition and core functions of bills of lading, see What is an Ocean Bill of Lading? Detailed Explanation of Core Functions; for endorsement and transfer of bills of lading, see Types and Intrinsic Meanings of Bill of Lading Endorsements.

Common Scenarios of Bill of Lading Loss and Allocation of Responsibility

The bill of lading may be lost during shipment in the following circumstances:

1. Lost while under the exporter's control;
2. Lost at the issuing bank after the exporter delivers the documents to it;
3. Lost after the issuing bank hands the documents to a courier company;
4. Lost after the courier company delivers them to the negotiating bank;
5. Lost after the negotiating bank sends them to the consignee.

With respect to allocation of responsibility: In cases (1) and (5), the exporter and importer respectively bear their own responsibility; in cases (2) and (4), the issuing bank or negotiating bank is responsible; loss often occurs in case (3), and under current postal regulations, the postal authorities bear only very limited liability.

Remedies After the Loss of a Bill of Lading

After the loss of a bill of lading, the consignee usually cannot take delivery of the goods against the original bill of lading. To protect their own rights and interests, the carrier often requires the consignee to provide a guarantee for delivery of the goods without the original bill of lading, and requires that the guarantee be provided by a bank. If concerns arise about tied-up funds, the following measures may be taken:

1. Promptly notify the shipping company and its agent: The shipping company and its agent have a duty of due diligence. They may not release the cargo merely because the bill of lading holder possesses the original bill of lading; instead, they should require the person taking delivery to provide sufficient evidence proving that they obtained the bill of lading in good faith — for example, whether the endorsement is continuous, whether it meets requirements, and whether reasonable consideration was paid. The carrier may also deposit the goods under the bill of lading through legal procedures to discharge its responsibility for the cargo.
2. Promptly apply to the court for a public summons: On the one hand, this ensures that the rights under the bill of lading are not infringed; on the other hand, it resolves the problem of guarantee deposits being tied up for a long period. During the period when the court accepts the public summons, any act of transferring rights under the instrument is invalid. The legal costs of the public summons procedure are relatively low. Upon expiration of the summons period (generally 60 days), an application may be made to the court for a judgment extinguishing rights.
3. Reasonably arrange unloading and release: The loss of documents generally should not affect unloading. The consignee has an obligation to accept the goods and may not refuse to unload on that basis. Likewise, the carrier may not refuse to unload on the grounds that the consignee does not have the original bill of lading, but it has the right to refuse to release the goods.
4. Evaluate courier and insurance liability: At present, laws and regulations afford courier companies almost exempt liability. Whether losses can be transferred by taking out courier risk insurance should be confirmed with the insurance company before purchasing the insurance.
5. Standardize bank guarantees: As long as the wording of a bank guarantee is specific and comprehensive, there is generally no risk. For large-amount guarantees, it is best to have legal counsel review them; in practice, there are indeed many precedents where bank guarantees were held invalid.

Suggestions for Preventing Risks of Loss of Bill of Lading

According to the International Rules for the Interpretation of Trade Terms (Incoterms 2020), under CIF, CFR and FOB terms, the seller must provide the transport document to the buyer at his own cost and without delay, and the risk of loss of the document is generally borne by the seller. A bank guarantee generally requires the exporter to pay a deposit; if the amount is huge, tying up large funds for three to six years will put enormous pressure on the exporter; if the bill of lading is acquired in good faith by a third party, the exporter will face the outcome of losing both goods and payment. Recommendations:

• Choose a reputable express service and track the documents throughout the process, sending originals and copies in separate batches to reduce the risk of simultaneous loss;
• Communicate with the shipping company and bank in advance about telex release or electronic bill of lading solutions to shorten the document circulation process;
• For large transactions, give priority to alternative methods such as letters of credit, electronic bills of lading, or sea waybills to reduce the risk of losing original documents.

Bill of Lading Loss Frequently Asked Questions (FAQ)

Q: How to remedy the loss of an original bill of lading?

A: Immediately notify the shipping company and its destination port agent to suspend cargo release, apply to the court for public summons and publish a loss notice in the newspaper, provide a bank guarantee or deposit, and then obtain a court ruling to reissue a new bill of lading or arrange cargo release; you may also consider negotiating with the consignee to switch to telex release or a sea waybill.

Q: Will loss of the bill of lading cause port congestion?

A: Generally no. The consignee is obligated to receive the cargo and cannot refuse to unload due to documentation issues; the carrier also cannot refuse to unload on the grounds that the consignee does not have the original bill of lading, but has the right to refuse to release the cargo until the consignee provides qualified security.

Disclaimer: This article was compiled and written by the Bofeng Logistics team, with content verified in August 2026. Bill of lading formats, terms, and operational practices may change due to adjustments by shipping companies, regulations, and international conventions. Please refer to the actual booking and issued document information.