Yup, this is a general unsolved problem with submarine swaps: the party with the timelock path can be grieved by abandoning the swap after the name the L1 deposit. They lose atwo mining fees and make no money.
I think a fidelity bond paid via LN can help here. If you compete the swap, you trust the server to give you the bond money back. If you abandon the swap, the server keeps the bond money to reimburse their two mining fees.