To be clear the protocol implemented now is that a time-locked refund tx is created when tx1 is created that returns the money in the future, but ultimately there will always be a short time window where the counter-party can vanish leaving the funds locked. Jeremy Spilman's solution was to have the counter-party also include some funds, so that their funds would be locked as well so the counter-party has strong incentives to not allow this to happen; I'm not sure what bitcoinj has implemented.
How can the counter-party vanishing affect this? You get the refund (Tx2) signed by the payee before you (payor) sign the funding transaction (Tx1). That essentially makes the whole operation atomic: either all parties get their money into an escrow that automatically returns to the payor if one of the parties disappears... or nothing happens.